Deepak Singh v. The State Govt Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3383/2024 DEEPAK SINGH .....Petitioner Through:

Mr. Gaurav Kochar & Mr. Kunal Narang, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satinder Singh Bawa, APP with Ms. Sunpreet Singh, Advocate for State.

Mr. Nitin Arora & Mr. Dollar Jain, Advocates for R-2 with R-2 in person.

Father of R-2 in person.

S.I. Priti, PS Khajuri Khas, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.09.2024 1.

The present Petition under Section 482 of the Code of Civil Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioner seeking to quash the FIR No. 0351/2019 registered under Sections 376/366 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") and Section 6 of POCSO Act at Police Station Khajuri Khas, Delhi.

2.

Brief facts of the case are that the marriage was solemnized between petitioner and respondent No. 2 on 28.04.2020 according to Hindu rites and ceremonies and the respondent No. 2 is pregnant. 3.

It is further submitted that on the complaint of respondent No. 2, an The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

FIR bearing No. 0351/2019 under Sections 376/366 of the IPC, 1860 and Section 6 of POCSO Act got registered at Police Station Khajuri Khas, Delhi and also the Chargesheet has been filed in the said FIR, which is pending before the learned Trial Court Delhi. 4.

It is also submitted that during the pendency of the trial the petitioner and the respondent No. 2 have settled all the disputes and differences between them vide Compromise Deed dated 10.04.2024. 5.

In view of the Compromise Deed dated 10.04.2024, the present petition has been filed.

6.

It is also submitted that the petitioner and the respondent No. 2 are married and has been residing together from 28.04.2020. 7.

The petitioner and the respondent No. 2/wife are present in person in the Court today, and they have been identified by their counsel and Investigating Officer concerned.

8.

The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 10.04.2024 and thus, no fruitful purpose will be served in continuing with the FIR. 9.

The present petition has been signed by the petitioner and is supported by the affidavits of petitioner and the respondent No. 2. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.

10.

Today, the complainant/respondent No. 2, who is present in the Court in person, states that she has received all amounts due to her and has no objection if the FIR is quashed.

11.

In view of the above facts that the parties have amicably resolved The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 12.

Moreover, there is no legal impediment in quashing the FIR in question.

13.

Accordingly, FIR bearing No. 0351/2019 registered at Police Station Khajuri Khas, Delhi, for offences punishable under Sections 376/366 of the IPC, 1860 and Section 6 of POCSO Act as well as the Chargesheet and all consequential proceedings emanating therefrom are quashed. 14.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 18, 2024 S.Sharma The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.