Vipin Kumar v. State (Gnct Of Delhi) And ANR.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3283/2022 & CRL.M.A. 13838/2022 VIPIN KUMAR ..... Petitioner Through:

Mr.Irfan Ghayas, Mr.Sandeep Kumar and Mr.S.P. Singh, Advs.

versus STATE (GNCT OF DELHI) AND ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with SI Bijender Singh.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.01.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of the FIR No.0080/2019 registered with Police Station: I.P. Estate, CentralDistrict, Delhi under Sections 354A/323 of the Indian Penal Code, 1860 (in short, 'IPC'), along with all other proceedings arising therefrom, on the basis of a settlement.

2.

The learned counsel for the petitioner submits that the parties, that is, the petitioner and the Respondent no.2, have amicably resolved their inter se disputes.

3.

The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). The respondent no.2 affirms that she has settled all the disputes with the petitioners of her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 4.

I have perused the allegations made in the FIR and I find that in view of the Settlement between the parties, no useful purpose shall be served in continuing with the proceedings of the present FIR; it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. In reaching this conclusion, I am also guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors. and (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3. 5.

This Court, therefore, deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the above mentioned FIR and all the proceedings emanating therefrom.

6.

Accordingly, the petition is allowed. FIR No. 0080/2019 registered with Police Station: I.P. Estate, Central-District Delhi, under Sections 354A/323 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner deposits costs of Rs.30,000/- with Delhi State Legal Services Authority within a period of four weeks from today. The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.

7.

The petitioner shall file proof of the deposit of the above costs The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with the Registry of this Court and also supply a copy thereof to the concerned IO, within the abovesaid period.

8.

The petition is allowed in the above terms.

NAVIN CHAWLA, J JANUARY 23, 2024/ns/ss 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.