Aradhya Bais v. State NCT Of Delhi & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3624/2023 ARADHYA BAIS ..... Petitioner Through:

Mr. Vivek Kumar & Mr. Sangram Keshari Palaka, Advocates with petitioner in-person.

versus STATE NCT OF DELHI & ANR.

..... Respondent Through:

Mr. Anand V. Khatri, ASC(CRL) for GNCTD with S.I. Jyoti, P.S.: Maurice Nagar.

Ms. Shiwal Bhalla & Mr. Vikas Bhalla, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 19.01.2024 CRL.M.A. 36673/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3624/2023 3.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner praying for quashing of FIR bearing No. 211/2023 registered at Police Station Maurice Nagar, Delhi for offences punishable under Section 354A of the Indian Penal Code, 1860 („IPC‟). 4.

Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behalf of the State.

5.

Petitioner is present before this Court and has been identified by his counsel Mr. Vivek Kumar and Investigating Officer (IO) S.I. Jyoti from Police Station Maurice Nagar, Delhi.

6.

Brief facts of the case are that the petitioner is a law-abiding citizen of this country and has no previous criminal antecedents. It is stated that the petitioner is a student and is currently enrolled in B.SC., 3rd Year, in Kirori Mal College, Delhi University. It is stated that the petitioner went to college for attending college festival on 18.10.2023. Respondent no. 2 was also present there. It is stated that the college fest was scheduled at 5 PM, and that entry was restricted before the scheduled time. The petitioner and respondent no. 2 were standing at the entry gate, waiting for the college to get opened. It is stated that due to the opening of the gate and the crowd rushing in, respondent no. 2 and the petitioner got into a misunderstanding, and the petitioner accidentally fell on respondent no. 2.

It is stated that respondent no. 2 misunderstood the petitioner‟s act as inappropriate touch, after which a heated argument arose between the parties. Thereafter, respondent no. 2 filed a complaint at the Police Station Maurice Nagar, Delhi. It is stated that on 30.10.2023, both the petitioner and respondent no. 2 signed a Memorandum of Understanding dated 30.10.2023 and in furtherance of the said settlement, respondent no. 2 does not wish to pursue the present FIR. Hence, this petition is instituted. 7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amicably settled between the parties vide Memorandum of Understanding („MoU‟) dated 30.10.2023 entered into between them. 8.

Today, the complainant who is present in Court states that she does not wish to continue with the present FIR and wants to focus on her career, and thus, has no objection if the FIR is quashed. 9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing No. 211/2023 registered at Police Station Maurice Nagar, Delhi for offences punishable under Section 354A of the IPC and all consequential proceedings emanating therefrom are quashed. 11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 19, 2024/at 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.