Vedansh Chopra & ORS. v. State Of NCT Of Delhi And ANR

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3960/2024 VEDANSH CHOPRA & ORS.

.....Petitioners Through:

Mr. Jay. K. Bhardwaj, Ms. Disha Bajaj, Ms. Tanya Singh, Advs.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya, Ms. Priya, Agarwal, Advs. SI Vandana, PS Saket SI Shalu, PS Ambedkar Nagar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 19.12.2024 1.

This is a petition filed under Section 226 of the Constitution of India read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 ("BNSS") read with Section 482 of Cr.PC seeking quashing of F.I.R No. 397/2023 dated 14.09.2023 under Section 354 IPC read with Section 10/21 of POCSO, registered at Police Station Saket, charge sheet and all consequential proceedings arising out of the F.I.R. 2.

In the present case, the F.I.R is registered by the complainant alleging incidents of the year 2015, when she was a minor. 3.

The F.I.R has been registered after 8 years of the incident. 4.

The allegations are against the petitioner No. 1 who is the real brother of the complainant.

5.

Subsequently, there is an affidavit filed by the complainant dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.12.2024, wherein the respondent No.2 has stated that she was grappling with Post Covid Depression and was taking anti-depressant medication during the period including at the time of filing the FIR. As a result of the medication and anti-depressants, the respondent No.2 was having a foggy state of mind, was unable to think clearly and had emotional outburst. It is further stated in the affidavit that for the last couple of months the respondent No.2 has discontinued anti-depressant medication and is in a much better state of mind. The respondent No.2 therefore states that the allegations in the FIR may not be correct and does not wish to precipitate the issue any further.

6.

In the F.I.R, it is stated by the complainant that the petitioner No. 1 had committed acts of aggravated sexual assault on the complainant. 7.

However, the complainant states that at the time of the registration of the F.I.R, the complainant was undergoing depression and was on antidepressants drugs and hence in a foggy state of mind, she had filed the F.I.R. 8.

She further states that she has settled the matter and wants to put a quietus to the entire controversy and she is staying happily with the petitioners and has no complaint whatsoever against them. 9.

Petitioners and respondent No.2 are present in Court and have been identified by their counsel, Mr. Jay. K. Bhardwaj. 10.

There is very little chance of conviction as the complainant has already settled and may not depose any further. 11.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings. 12.

In this view of the matter, of F.I.R No. 397/2023 dated 14.09.2023 under Section 354 IPC read with Section 10/21 of POCSO, registered at Police Station Saket, charge sheet and all consequential proceedings arising out of the F.I.R. are hereby quashed.

13.

The petition is disposed of accordingly.

14.

The affidavit handed over in Court today is taken on record. JASMEET SINGH, J DECEMBER 19, 2024 sr 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.