Deepak v. Govt Of N.C.T. Of Delhi & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 36/2024 DEEPAK ..... Petitioner Through:

Mr.Adarsh Saini, Adv.

versus GOVT OF N.C.T. OF DELHI & ANR.

..... Respondents Through:

Ms.Priyanka Dalal, APP with SI Nidhi Sharma, PS Cyber West Distt.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 03.01.2024 CRL.M.A. 152/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 36/2024 2.

The present petition has been filed under Section 482 CrPC seeking quashing of the FIR No. 0046/2023, registered at Police Station Cyber Police Station West, Delhi under Sections 354/354D/506/509 IPC and Section 12 of POCSO Act, and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

3.

Issue notice. The learned APP for the State accepts notice. 4.

I have interacted with the respondent no. 2, her mother, and her uncle. They have been identified by their counsel and by the Investigating Officer- SI Nidhi Sharma, PS Cyber West Distt. 5.

They insist that they do not wish to continue with the proceedings against the petitioner and have amicably settled the 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 06/05/2024 at 15:15:32

disputes with the petitioner without any force or coercion. The parties have entered into a settlement by executing Compromise/Settlement Deed dated 01.11.2023.

6.

Considering the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. I am also guided by the principles stated by the Supreme Court in Parbathai Aahir @ Parbatbhai Bimsinh Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641.

7.

Consequently, the petition is allowed and the FIR No. 0046/2023 registered at Police Station: Cyber Police Station West, Delhi under Sections 354/354D/506/509 IPC and Section 12 of POCSO Act, along with all other proceedings emanating there from, are quashed, subject to the condition that the petitioner shall deposit as cost a sum of Rs.50,000/- with the Cheshire Home India, Delhi Unit, Okhla Road, Opposite Holy Family Hospital, New Delhi, within a period of four weeks from today. He will file proof of the deposit with this Court and also supply a copy thereof to the concerned Investigating Officer.

8.

The petition stands disposed of in the above terms. NAVIN CHAWLA, J JANUARY 3, 2024/ns 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 06/05/2024 at 15:15:32