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High Court of DelhiW.P.(CRL)/765/2017

Asif Khan v. State (Govt Of NCT Of Delhi) & ANR

2017-03-10Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 765/2017 ASIF KHAN ..... Petitioner Through:

Mr. R.C. Pathak and Mr. Sanjeev Kumar, Advs.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Ms. Nandita Rao, ASC for the State along with SI Ravi Kumar, P.S.

Jafrabad.

Respondent no.2 present in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.03.2017 Petitioner is stated to be the son-in-law of son-in-law of the respondent no.2. Respondent no.2 is 85 years old. She alleged in the FIR that one boy had entered in her room, switched off the lights and took away her four bangles. During the investigation, as per the CCTV footage, it was revealed that petitioner was the said boy. It is submitted that with the intervention of family members, petitioner and respondent no.2 have settled the matter, therefore, FIR No. 382/16 under Sections 452/394 IPC registered at police station Jafrabad on the complaint of respondent no.2 may be quashed.

Respondent no.2 is present in Court and has been identified by SI

Ravi Kumar of police station Jafrabad. Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that she is not willing to pursue the FIR against the petitioner, who is the son-in-law of her son-in-law, therefore, the same may be quashed. Keeping in mind that a settlement has been arrived at between the parties, inasmuch as, respondent no.2 is not willing to pursue the FIR, in the interest of justice, FIR No. 382/16 under Sections 452/394 IPC registered at police station Jafrabad and the consequent proceedings emanating therefrom are quashed, subject to petitioner depositing cost of `10,000/- with the Delhi High Court Legal Services Committee within four weeks. Receipt of cost be handed over to the Investigating Officer.

Writ petition is disposed of. Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

MARCH 10, 2017 ga