Nihal Akhtar v. The State (Govt.Of NCT Delhi)& ANR

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 697/2018 and Crl.M.A. No. 4222/2018 NIHAL AKHTAR ..... Petitioner Represented by:

Ms. Anita, Advocate.

versus THE STATE (GOVT.OF NCT DELHI)& ANR ..... Respondent Represented by:

Ms. Kamna Vohra, ASC with SI Shanti, PS Jamia Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 26.09.2018 By the present petition the petitioner seeks quashing of FIR No. 361/2017 under Sections 354/354A/506 IPC and Section 8 of the Protection of Children from Sexual Offence Act (in short 'POCSO Act') registered at PS Jamia Nagar, Delhi on the complaint of victim 'M' daughter of respondent No.2 who is the father of the victim and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for the State submits that in the above-noted FIR the petitioner is the only accused and minor victim 'M', daughter of respondent No. 2 is the only complainant/victim. The minor victim is represented through her father, the natural guardian being respondent No. 2 herein.

Respondent No. 2 is present in Court along with the minor victim 'M' and is identified by the Investigating Officer. He states that he has settled W.P.(CRL) 697/2018

the matter with the petitioner who is his brother-in-law vide the compromise deed, copy whereof is annexed as annexure-B to the present petition. He states that in view of the settlement arrived at and the FIR was lodged under some confusion and he does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and undertakes to abide by the terms of settlement arrived at between the parties. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Consequently, FIR No. 361/2017 under Sections 354/354A/506 IPC and Section 8 of the Protection of Children from Sexual Offence Act (in short 'POCSO Act') registered at PS Jamia Nagar, Delhi. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition and application are disposed of. Order dasti. MUKTA GUPTA, J.

SEPTEMBER 26, 2018 'yo'

W.P.(CRL) 697/2018