Parveen v. The State (NCT Of Delhi) & ANR.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4477/2022 PARVEEN ..... Petitioner Through:
Mr.Himanshu Kharb, Adv.
versus THE STATE (NCT OF DELHI) & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP with SI Mamta, SI Rakesh Yadav.
Mr.Vikrantn Malik, Adv.for R2 with R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 09.01.2024 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 470/2020 registered at Police Station: Dwarka South, New Delhi under Sections 354/354A/506 of the Indian Penal Code, 1860 (in short, 'IPC').
2.
The learned counsels for the parties submit that the parties have arrived at an amicable settlement and have entered into a Settlement Deed/Memorandum of Understanding dated 22.08.2022. 3.
The respondent no.2 is personally present in Court and has been duly identified by the IO.
4.
Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, in view of the principles enunciated by the Supreme Court in Gian The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:18:50
Singh v. State of Punjab, (2012) 10 SCC 303, Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 335, I find that no useful purpose would be served in continuing with the criminal proceedings as it would be an unnecessary burden on the State exchequer.
5.
Accordingly, FIR 470/2020 registered at Police Station: Dwarka South, New Delhi under Sections 354/354A/506 of the IPC, along with all other proceedings emanating therefrom, are quashed, subject to the condition that the petitioner deposits costs of Rs.25,000/- with Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilised by the Delhi State Legal Services Authority for providing counselling/psychological support to the POCSO Victims requiring such assistance.
6.
The petitioner shall file, with the Registry of this Court, proof of such deposit of the above costs and also supply a copy thereof to the concerned IO within the said period.
7.
The petition is allowed in the above terms.
NAVIN CHAWLA, J JANUARY 9, 2024/Arya/AS 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. The Order is downloaded from the DHC Server on 13/05/2024 at 12:18:50