Aman Meena & ANR. v. State & ANR.

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 548/2017 AMAN MEENA & ANR.

.... Petitioners Through :Mr.

M.

Shamikh, Adv.

with petitioners in person.

versus STATE & ANR.

..... Respondents Through :Mr. Rajesh Mahajan, ASC with SI Varun Dalal, P.S. Gulabi Bagh for the respondent no. 1 Respondent no. 2, her father Sh.

Balwant Singh and her sister Ms.

Shaifali in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.02.2017 Crl. M.A. No. 3009/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) No. 548/2017 Issue show cause notice to the respondents.

Learned Additional Standing Counsel accepts notice. Respondent no. 2 is also present along with her father and accepts notice.

It is submitted that FIR No.

2/2017 under Sections 354/341/506/509/34 IPC was registered at Police Station Gulabi Bagh on the complaint of respondent no. 2, who is a minor. It is submitted that respondent no. 2 is aged about 15 years. Petitioner no. 1 and respondent no. 2 are living in the neighbouring houses and are known to each other. Respondent no. 2 is represented through her father, namely, Shri Balwant Singh. Sister of respondent no. 2, namely, Shaifali, aged about 21 years is also present in Court. As per the FIR, petitioners stopped respondent no. 2 on the way and caught hold of her hand for wishing her "Happy New Year". They did not leave her hand. Petitioners were under the influence of liquor. When respondent no. 2 told the petitioners to leave her hand, they threatened her.

It is submitted that petitioners, respondent no. 2 and father of respondent no. 2 have settled the matter amicably with the intervention of their common friends. Shri Balwant Singh is present in Court and submits that he has settled the matter of his own free will and without any undue force, coercion and pressure. SI Varun Dalal, P.S. Gulabi Bagh is present in Court today and has identified the respondent no, 2, her sister, namely, Ms. Shaifali and her father, namely, Shri Balwant Singh. In view of the compromise, respondent no. 2 and her father submit

that they are not willing to pursue the FIR any further. Keeping in mind that petitioner no. 1 and respondent no. 2 are neighbours and they have settled their disputes amicably, inasmuch as respondent no. 2 and her father are not willing to pursue the FIR any further, in my view, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, FIR No. 2/2017 under Sections 354/341/506/509/34 IPC registered at Police Station Gulabi Bagh, which is at the investigation stage, is quashed, subject to each of the petitioners depositing `10,000/- with Delhi High Court Legal Services Committee within two weeks. Receipts be produced before the Investigating Officer. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

FEBRUARY 20, 2017 rb