Raishabh Chauhan v. The State & ANR

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAISHABH CHAUHAN ..... Petitioner Represented by:

Mr.Rahul Kumar Gupta, Advocate versus THE STATE & ANR ..... Respondents Represented by:

Mr.Piyush Singhal, Advocate for Mr.Ashish Aggarwal, ASC for the State with SI Vijay Kumar, PS Farsh Bazar

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.05.2018 Crl.M.A.Nos.10128-29/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.1632/2018 1.

By this petition, the petitioner seeks quashing of FIR No.182/2016 under Sections 323/354/341 IPC and Section 12 of the Protection of Children from Sexual Offences Act (in shore POCSO Act) registered at PS Farsh Bazar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have settled the matter. 2.

Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR petitioner is the only accused and respondent No.2 is the only complainant/victim. He states

that at the time of registration of FIR, respondent No.2 was a minor however she is a major as on date.

3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that the abovenoted FIR was got registered by her due to a confusion and now she has settled the matter with the petitioner and they have got married. She states that she does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto. 4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2. 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.182/2016 under Sections 323/354/341 IPC and Section 12 of the Protection of Children from Sexual Offences Act (in shore POCSO Act) registered at PS Farsh Bazar and proceedings pursuant thereto are hereby quashed.

7.

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

8.

Petition is disposed of. Order dasti.

9.

Though the petitioner has placed on record the original birth certificate of respondent No.2, the Registry while retaining the certified copy of the birth certificate, will return the original birth certificate to

respondent No.2.

MUKTA GUPTA, J.

MAY 24, 2018 mamta