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High Court of DelhiCRL.M.C./2095/2016

Mahesh v. State (NCT Of Delhi) & ANR

2016-05-27Hon'Ble Mr. Justice S.P.Garg2 pages

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2095/2016 & Crl.M.A.8868/2016 MAHESH ..... Petitioner Through :

Mr.Dharmender Sharma, Advocate.

versus STATE (NCT OF DELHI) & ANR ..... Respondent Through :

Mr.Tarang Srivastava, APP.

Mr.Yogesh Kumar with Mr.Mehtab Singh, Advocate for Respondent No.2/complainant along with R-2 present in person.

SI Gaurav, PS Jahangir Puri.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 27.05.2016 (1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.678/14 under Section 509 IPC and Section 12 POCSO Act registered at Police Station Jahangir Puri. It is stated that the matter has been settled with the complainant/respondent No.2, victim's mother amicably. (2) Respondent No.2-complainant who is victim's mother is present before the Court along with her counsel. The Investigating CRL.M.C. 2095/2016

Officer has identified her.

I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she and her daughter 'X' have no objection to the quashing of the FIR.

(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 29.09.2015 signed by the parties is on record. It is relevant to note that 'X' was examined as Pw-1 before the Trial Court on 13.10.2015.

She did not support the prosecution and completely exonerated the petitioner. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner before Mediation Centre, Rohini District Courts, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.678/14 under Section 509 IPC and Section 12 POCSO Act registered at Police Station Jahangir Puri and all the proceedings emanating therefrom are quashed.

(5) The petitioner is, however, burdened with cost of `20,000/- to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order. (6) The petition and all pending application(s) stand disposed of accordingly.

S.P.GARG, J.

MAY 27, 2016/sa CRL.M.C. 2095/2016