Sanjay Mehto & ANR. v. The State & ANR.

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9232/2023 SANJAY MEHTO & ANR.

..... Petitioners Through: Mr. Kunal Yadav, Advocate with petitioners in person versus THE STATE & ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI % 15.05.2024

O R D E R

1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.437/2020 registered under Sections 377/354/354A/506/509/34 IPC, Section 10 POCSO Act and Section 75 Juvenile Justice Act at P.S. Dwarka North, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioners misbehaved with respondent No.2. Petitioner No.1 is the husband whereas petitioner No.2 is the father-in-law of respondent No.2. 3.

Learned APP for the State submits that in the present case the petitioners are the only accused persons and respondent No.2 is the only complainant/victim. He further submits that the chargesheet has been filed under Sections 377/201/506/509/34 IPC & 10 POCSO Act & 75 JJ Act against the accused petitioner No.1 and under Sections 354/354A/34 IPC & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

75 JJ Act against petitioner No.2.

4.

Learned counsel for the petitioners submits that the parties have entered into a settlement vide Compromise/Settlement Deed dated 30.10.2023 and in terms of the settlement, respondent No.2 is now left with no claim or grievance whatsoever against the petitioners. 5.

It is noted that allegations relating to the offence under Section 377 IPC and Section 10 POCSO have been levelled against the husband of respondent No.2. Further, the allegations relating to the offence under Section 75 JJ Act have been levelled against both the petitioners. Respondent No.2, who is present in Court, states that she has been living with her husband for the past 1 year and does not wish to continue with the case/matter.

6.

The petitioners, who are present in the Court, have been identified by their counsel as well as by the Investigating Officer. Respondent No.2, who is also present in the Court, has been identified by the Investigating Officer. 7.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No.2 states that she has entered into the aforesaid Compromise/Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 8.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

9.

The parties shall remain bound by the statements made in Court today.

10.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed 11.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 15, 2024/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.