Taranpreet Singh @ Golu & ANR v. State & ANR

12# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TARANPREET SINGH @ GOLU & ANR ..... Petitioners Represented by:

Mr. Manish Kumar Pathak, Advocate with petitioners in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Ashok K. Garg, APP for the State with ASI Paramjit Singh, PS Tilak Nagar.

Respondent Nos. 2, 3 and 4 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.04.2017 By the present petition the petitioners seek quashing of FIR No. 1560/2015 under Sections 354/323/341 IPC and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act') registered at PS Tilak Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions submits that in the above noted FIR the two petitioners are the only accused and the respondent No.2 the complainant/victim and respondent Nos.3 and 4 the children of respondent No.2 and the other two victims. He further states that at the time

of incident the respondent No.4 was a minor who has now turned to be a major.

Respondent Nos.2, 3 and 4 are present in Court and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners vide Memorandum of Settlement dated 29th January, 2016 copy whereof has been filed in the paper-book on 18th May, 2016 at pages 40-41. They state that since the petitioners have apologised and assured that no such misbehaviour will take place in future, they do not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent Nos. 2 to 4 and tendering their unqualified apology, they assure that no such misbehaviour will take place with anyone in future. Petitioners also state that they will abide by the terms of the settlement arrived at between the parties vide Memorandum of Settlement dated 29th January, 2016 and to show remorse they undertake to deposit a cost as well.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 1560/2015 under Sections 354/323/341 IPC and Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act') registered at PS Tilak Nagar, Delhi and

proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹5,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 10, 2017 'vn'