High Court of DelhiCRL.M.C./1998/2018

Shaheen & ORS v. The State & ANR

2018-05-10Hon'Ble Mr. Justice A.K. Pathak2 pages

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1998/2018 & Crl. M.A. no. 7083/2018 SHAHEEN & ORS.

..... Petitioners Through Mr. Bhavneet Singh, Adv.

versus THE STATE & ANR.

..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Gaurav Dalal, P.S. Jaitpur Mr. Arjun Singh Khurana, Adv. with respondent no. 2 and her mother in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Soni and her mother Ms. Aasma Begum are present in Court along with their counsel and accept notice. Respondent nos. 2 and her mother have been identified by SI Gaurav Dalal of police station Jaitpur.

It is submitted that petitioners and respondent no. 2 are living in the same locality. Respondent no. 2 was aged about 14 years at the time of incident. She is now aged about 171⁄2 years. Respondent no. 2 is being represented through her mother Aasma Begum. With the interventions of their common friends and other family members, petitioners and

respondent no. 2 have settled their disputes amicably; therefore, FIR No.897/2014 under Sections 323/348/354(B)/506/509/34 IPC and Section 8 of the POCSO Act registered at Police Station Jaitpur and the consequent proceedings emanating therefrom may be quashed. Respondent no. 2 and her mother admit having settled the matter with petitioners of their own free will, voluntarily and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 16th April, 2018. Respondent no. 2 and her mother submit that they have no objection in case FIR is quashed against the petitioners.

Keeping in mind the settlement arrived at between the petitioners and respondent no. 2, in my view, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No.897/2014 under Sections 323/348/354(B)/506/509/34 IPC and Section 8 of the POCSO Act registered at Police Station Jaitpur and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MAY 10, 2018 r.bararia