High Court of DelhiW.P.(CRL)/486/2018

Abu Suhail Zahid v. State Of Delhi & ORS.

2018-02-16Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 486/2018 ABU SUHAIL ZAHID ..... Petitioner Through Petitioner with his counsel Mr. M.A.

Rahman and Mr. A. Kalam, Advs.

versus STATE OF DELHI & ORS.

..... Respondents Through Ms. Kamna Vohra, ASC for the State along with SI Shanti.

R-2 with her counsel Mr. Alamgir, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 16.02.2018 The petitioner is seeking quashing of present FIR i.e. FIR No. 623/2017 registered under Sections 323/341/354/506 of the IPC as also under Sections 8/12 of the POCSO Act at Police Station Jamia Nagar on the complaint of respondent No. 2. Respondent No. 2 is present in Court. Her presence has been identified by the Investigating Officer. She has been accompanied by her guardian i.e. her father. It is stated that the parties are living in the same vicinity and the complainant does not wish to pursue the complaint any further.

The allegations in the FIR have been perused. The petitioner is stated to be a student studying Engineering in the Jamia Milia Institute. The case is yet under investigation. However, noting the

contents of the FIR, this Court is of the view that some kind of deterrent has to be imposed upon the petitioner before the prayer made in the petition can be granted. This Court has been informed that the petitioner remained in custody for one week at the time of registration of the FIR.

Accordingly, while granting the prayer made in the present petition and quashing FIR No. 623/2017 registered under Sections 323/341/354/506 of the IPC as also under Sections 8/12 of the POCSO Act at Police Station Jamia Nagar and all proceedings emanating thereto, the petitioner is burdened with costs of Rs.15,000/- to be deposited with Delhi High Court Legal Services Committee. The petitioner also undertakes to withdraw the complaint filed by him under Section 156 (3) of the Cr.PC against the father of the respondent No. 2. This complaint shall be withdrawn within a period of one week from today.

Petition disposed of.

INDERMEET KAUR, J FEBRUARY 16, 2018