Salman v. The State ( NCT Of Delhi) & ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SALMAN ... Petitioner Represented by:

Mr.Gaurav Kochar with Mr.Dollar Jain, Advocates versus THE STATE ( NCT OF DELHI) & ANR ... Respondents Represented by:

Mr.Rajesh Mahajan, ASC for the State with Ms.Jyoti Babbar and SI Rachna, PS Welcome Mr.Nitin Arora, Advocate for respondent No.2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.05.2018 Crl.M.A.No.8855/2018 (exemption) Allowed, subject to all just exceptions.

1.

By this petition the petitioner seeks quashing of FIR No.54/2018 under Sections 354/354-A/354-D IPC and Section 10 of the Protection of Children from Sexual Offences Act, 2012 registered at PS Welcome, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the petitioner is the only accused and the respondent No.2 who is a minor is the only complainant/ victim.

3.

Respondent No.2 who is present in Court is a minor and is thus represented through her father, who is also present in Court and is identified by the learned counsel and the Investigating Officer. Father of Respondent No.2 states that the above noted FIR was registered after a confusion arose between the parties and the disputes have now been settled vide Compromise Deed annexed as Annexure-B to the present petition. He states that in view of the settlement arrived at between the parties and as the issue was very trivial and minor in nature and the parties are living in the neighbourhood, he prays that in the interest of his daughter, the abovementioned FIR and the proceedings pursuant thereto be quashed. 4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. He has also tendered his unconditional apology to respondent No.2 and to show remorse, undertakes to deposit costs.

5.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

6.

Consequently, FIR No.54/2018 under Sections 354/354-A/354-D IPC and Section 10 of the Protection of Children from Sexual Offences Act, 2012 registered at PS Welcome, Delhi and proceedings pursuant thereto are hereby quashed subject to payment of costs of ₹25,000/- to be deposited in the Juvenile Justice Fund maintained by the Registrar General, Delhi High

Court within three weeks.

7.

Petitioner and father of respondent No.2 have signed this order sheet in acknowledgment of their statements made before this Court. 8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

MAY 10, 2018 'rk'