Ankush & ORS. v. The State (Govt. Of N.C.T. Of Delhi) & ANR.
$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3609/2024 ANKUSH & ORS.
..... Petitioners Through:
Mr. Jatan Singh, Mr. Siddharth Singh, Mr. Tushar Lamba & Ms. Vanshika Adhana, Advocates alongwith petitioners in person.
versus THE STATE (GOVT. OF N.C.T.OF DELHI) & ANR.
..... Respondents Through:
Mr. Amit Ahlawat, APP for the State with W/SI Anita & SI Yogesh Sharma, P.S. Ashok Nagar.
Respondent no. 2 in person alongwith his mother.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 29.05.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 191/2019, under Sections 384/506 of the IPC, Section 8 of the POCSO Act and Section 77 of the JJ Act, registered at P.S. Ashok Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, Learned Additional Sessions Judge, North-West, Rohini Courts, Delhi.
2.
Learned counsel appearing on behalf of the petitioners submits that the present FIR was registered at the instance of respondent no. 2, who was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
a friend of the petitioners. It is submitted that during the pendency of the aforesaid proceedings, respondent no. 2, who has now attained majority, has settled the disputes with the petitioners vide settlement/compromise deed dated 29.04.2024 and in pursuance of which, respondent no. 2 has no objection, if the present FIR and subsequent chargesheet are quashed. 3.
Petitioners and complainant/respondent no. 2, who alongwith his mother, are present before the Court and have been duly identified by the Investigating Officers, W/SI Anita and SI Yogesh Sharma, P.S. Ashok Nagar.
4.
The complainant/respondent no.2, alongwith his mother, states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed.
5.
In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed, subject to cost. 6.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
7.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 191/2019, under Sections 384/506 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the IPC, Section 8 of the POCSO Act and Section 77 of the JJ Act, registered at P.S. Ashok Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, Learned Additional Sessions Judge, North-West, Rohini Courts, Delhi.
8.
In the interest of justice, the petition is allowed, and the FIR No. 191/2019, under Sections 384/506 of the IPC, Section 8 of the POCSO Act and Section 77 of the JJ Act, registered at P.S. Ashok Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, Learned Additional Sessions Judge, North-West, Rohini Courts, Delhi, are hereby quashed, subject to a cost of Rs.15,000/- each, to be deposited by the petitioners as a consolidated sum of Rs. 90,000/- with Delhi High Court Advocates Welfare Trust, within 7 days from today.
9.
Petition is allowed and disposed of accordingly. 10.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 29, 2024/bsr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.