Jagdeep Singh Pawra v. State & ORS

35# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 696/2017 and Crl. M.A. No. 3808/2017 (Stay) JAGDEEP SINGH PAWRA ..... Petitioner Represented by:

Mr. Rohit Sadana, Advocate with petitioner in person.

versus STATE & ORS ..... Respondents Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for the State with SI Jhabbu Ram, PS Kirti Nagar.

Mr. Rajiv Kanwar, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 06.03.2017 By the present petition the petitioner seeks quashing of FIR No. 367/2016 under Sections 354A IPC and Section 11 (iii), (v) and 12 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'), registered at PS Kirti Nagar, Delhi and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that the respondent No.2 is the complainant of the above noted FIR and lodged the FIR being the uncle of the minor victim. Respondent No.3 the victim is represented through her mother, that is, her natural guardian.

Mother of respondent No.3 is present in Court and is identified by the Investigating Officer. She states that she on behalf of the minor daughter has settled the matter with the petitioner with the intervention of the family members and friends. She further states that the petitioner has apologised to her and her daughter and assured that in future no such misbehaviour will take place. She states that in the best interest of her daughter she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Respondent No.2 who is also present in Court and is identified by the Investigating Officer states that in view of the settlement arrived at between the parties, he does not wish to pursue the above noted FIR and the proceedings pursuant thereto.

Petitioner, who is present in Court and is identified by the learned counsel affirms the statements of the respondent No.2 and the mother of respondent No.3. Further tendering his unqualified apology he assures that no such misbehaviour will take place in future. Considering the fact that the parties have settled the matter of their own free will, volition and without any coercion, no useful purpose will be served in continuance of the above noted FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No. 367/2016 under Sections 354A IPC and Section 11 (iii), (v) and 12 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'), registered at PS Kirti Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petitioner, respondent No.2, mother of respondent No.3 on behalf of her minor daughter have signed this order sheet in acknowledgment of their statements made before this Court.

The petition and the application are disposed of. Order dasti. MUKTA GUPTA, J.

MARCH 06, 2017 'vn'