Simran Devi v. State & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SIMRAN DEVI ..... Petitioner Represented by:

Mr. Sumit Purohit, Advocate versus STATE & ANR ..... Respondents Represented by:

Mr. K.S. Ahuja, APP with SI:Arun Kuma, PS:Ghazipur, Delhi Kumar Nikhil, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.08.2016 By the present petition, the petitioner seeks quashing of FIR No.186/2016 under Sections 323/341/354/506/34 IPC registered at PS Ghazipur on the complaint of respondent No.2 on the ground that the parties have settled the matter.

Respondent No.2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioner and she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

A perusal of the FIR would reveal that the respondent No.2 had alleged sexual harassment against three male members who accompanied the petitioners who are the mother and two daughters. However, during

investigation she did not cooperate to identify the three persons. On a Court query put to respondent No.2 as to whether she was in a position to get the sketch of the three persons accompanying the petitioners prepared, she flatly refuses and states that she neither identifies them nor she is in a position to get the sketch made nor can she reveal anything about their identity. Even though this FIR is being quashed on the basis of compromise, however this Court is constrained to note that on 16th March, 2016 an incident took place pursuant to which petitioner No.1 filed a complaint at Police Station Ghazipur on 17th March, 2016 at 20.30 hours relating to the allegations of misbehaviour and beating by the respondent No.2 and her family members.

The said complaint was prior in time where after the present complaint was given by the respondent No.2 on which FIR No.186/2016 registered prior to registration of FIR on the complaint of Smt. Simran. Without commenting that the present FIR is a false FIR, this Court is constrained to note that the FIR is certainly an exaggerated version for the reason that three male members whom the complainant could neither identify nor reveal their identity have been introduced. As an apology of her conduct the respondent No.2 proposes to deposit a sum of `25,000/-with the Juvenile Justice Fund maintained by the Registrar General of this Court within a period of two weeks.

Consequently, FIR No.186/2016 under Sections 323/341/354/506/34 IPC registered at PS Ghazipur and the proceedings pursuant thereto are hereby quashed subject to the respondent No.2 depositing a sum of `25,000/- with the Juvenile Justice Fund maintained by the Registrar General of this Court within a period of two weeks.

Parties have signed this order sheet in acknowledgement of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 30, 2016 'tp'