Arjun v. The State & ANR

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2395/2018 ARJUN ..... Petitioner Through:

Mr. Anil Kumar Kamboj, Adv.

versus THE STATE & ANR ..... Respondents Through:

Mr. G.M. Farooqui, Addl. PP for the State with ASI Devender Kumar Ms. Varinda Kumari, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 07.05.2018 Crl. M.A. No. 8525/2018 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2395/2018 1.

The petitioner seeks quashing of FIR No. 1062 of 2015 under Sections 323/341/354/354(D)/506 of the IPC and Section 12 of the POCSO Act registered at Police Station Uttam Nagar, New Delhi, based on a settlement.

2.

The allegations against the petitioner are that the complainant who was then 17 years of age was troubled by the petitioner and harassed, despite being repeatedly asked not to do so. The petitioner who is aged about 21 years has expressed remorse and regretted his conduct and undertakes that he shall not repeat the same in future. The undertaking is accepted.

CRL.M.C. 2395/2018

3.

Respondent no. 2 is present in person in Court, represented by her counsel and is identified by the Investigating Officer. She submits that she has settled the disputes with the intervention of locals and respectable people of the locality.

She submits that she does not wish to press the criminal complaint against the petitioner any further. 4.

Keeping in view the age of the petitioner as well as the remorse shown by the petitioner that he shall not repeat the same in future and in view of the fact that the disputes between the parties have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom.

5.

In view of the above, the petitions are allowed. FIR No. 1062 of 2015 under Sections 323/341/354/354(D)/506 of the IPC and Section 12 of the POCSO Act registered at Police Station Uttam Nagar, New Delhi and the consequent proceedings emanating therefrom are, accordingly quashed, subject to the petitioner's depositing cost of Rs. 7500/- to be paid to the Delhi High Court Advocates Welfare Trust within two weeks. The receipt of deposit of the costs imposed by this Order be furnished to the concerned Investigating Officer within a period of three weeks from today. 6.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J MAY 07, 2018/'rs'

CRL.M.C. 2395/2018