Imran & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1493/2016 IMRAN & ORS ..... Petitioners Through:

Ms. Jyoti Gupta, Adv. with petitioner in person.

versus STATE & ORS ..... Respondents Through:

Mr.

Sanjay Lao, ASC with Mr.

Siddarth Sindhu along with W/ASI Gyam Amba, P.S. Kalyan Puri.

Respondent nos. 2 to 4 are present in Court along with their mother, namely, Smt. Gulshan.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.07.2017 On the oral prayer made by the learned counsel for the petitioners Salimmudin @ Chuha S/o Mr. Abdul Hamid is impleaded as petitioner no.5. Learned counsel for the petitioners submits that respondent nos. 2 to 4 have settled the matter with the petitioners, therefore, FIR No. 1004/2015 under Sections 354/341/34 IPC and Section 12 of POCSO Act may be quashed.

Respondent nos. 2 to 4 are sisters. Respondent no.2 is minor and is being represented through her mother and natural guardian, namely, Smt. Gulshan. Respondent nos. 2 to 4 and their mother Smt. Gulshan are present

in Court and have been identified by W/ASI Gyan Amba of police station Kalyanpuri. Respondent nos. 2 to 4 and their mother Smt. Gulshan submit that matter has been indeed settled with the petitioners. They further submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion. They are not willing to pursue the FIR any further, therefore, the same may be quashed. They also submit that FIR is also not pressed against Salimuddin @ Chuha in view of the compromise arrived at with the petitioners. Learned counsel for the petitioners has pointed out that on the complaint of petitioner no. 4-Nisha cross FIR No. 1005/15 under Sections 323/341/506/34 IPC was also registered at police station Kalyanpuri against the respondent nos. 2 to 4. The disputes involved in the said FIR has already been compromised, inasmuch as, offences have been permitted to be compounded by the trial court.

It is noted that petitioners and respondent nos. 2 to 4 are living in the same locality and were known to each other. Keeping in mind that petitioners and respondent nos. 2 to 4 were known to each other and have compromised the matter voluntarily, inasmuch as, cross FIR No. 1005/15 has already been quashed, in the interest of justice, FIR No. 1004/2015

under Sections 354/341/34 IPC and Section 12 of POCSO Act and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 18, 2017 ga