Ravinder Singh & ANR. v. State Of NCT Of Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8/2024 & CRL.M.A. 21/2024 RAVINDER SINGH ..... Petitioner Through:

Mr. Amanpreet Kaur, Mr. Gaurav Soni and Mr. K.K. Malviya, Advocates with petitioner Ravinder in person.

versus STATE OF NCT OF DELHI ..... Respondent Through:

Mr. Sunil Kumar Gautam, APP for State with SI Wikhon Pamai, P.S.

Malviya Nagar.

Mr. Manish Choudhary, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 07.02.2024 CRL.M.A. 20/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is disposed of accordingly.

CRL.M.C. 8/2024 & CRL.M.A. 21/2024 3.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No.171/2018, under Section 354C IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan Singh, learned Metropolitan Magistrate-03, Mahila Court, South District, Saket The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Courts, New Delhi.

4.

On 28.07.2023, the parties arrived at a settlement and as per the Memorandum of Understanding dated 28.07.2023 (Annexure-P-2), both the petitioner and respondent no.2 have agreed to resolve their disputes amicably. In view of the aforesaid, respondent no. 2, who is present in Court, submits that she has no objection to the quashing of the FIR, and the subsequent chargesheet emanating therefrom.

5.

Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Wikhon Pamai, P.S. Malviya Nagar. 6.

The complainant/respondent No. 2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

7.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9.

In view of the aforesaid circumstances, and the fact that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 171/2018, under Section 354C IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Sana Khan Singh, learned Metropolitan Magistrate-03, Mahila Court, South District, Saket Courts, New Delhi.

10.

In the interest of justice, the petition is allowed, and the FIR No. 171/2018, under Section 354C IPC, registered at P.S. Malviya Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Sana Khan Singh, learned Metropolitan Magistrate-03, Mahila Court, South District, Saket Courts, New Delhi, is hereby quashed, subject to cost of Rs. 50,000/- to be deposited with the Delhi Legal Services Authority within a period of 15 days from today. The amount deposited shall be utilized by the DLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 7, 2024/kct The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.