Umesh Beniwal @ Sonu & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2908/2016 UMESH BENIWAL @ SONU & ORS ..... Petitioners Through : Mr. Rajender Kumar, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through :Mr. G.M. Farooqui, APP with SI Ashok Kumar, P.S. Patel Nagar for respondent no. 2 Respondent no. 2 in person with her mother

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2017 At the time of incident, respondent no. 2 was minor. Now, she has attained the age of majority.

Her date of birth is 5th February, 1999.

Original Aadhar Card has been produced and seen; photocopy thereof is taken on record. Mother of the respondent no. 2, namely, Smt. Vibha Devi is also present in Court.

Respondent no. 2 and her mother have been identified by SI Ashok Kumar, P.S. Patel Nagar. Petitioners (accused) and respondent no. 2 (complainant) are neighbours. It is submitted that a quarrel took place between them, which had led to registration of the present FIR no. 766/2014 under Sections 354(D)/451/323/506/509/34 IPC and Section

12 of the Protection of Children from Sexual Offences Act, 2012. Now, respondent no. 2 and her mother have settled the matter with the petitioners amicably. Respondent no. 2 and her mother submit that they have settled the matter with the petitioners of their own free will and without any undue force, coercion and pressure. They submit that they are not willing to pursue the FIR any further in view of the settlement. Keeping in mind the fact that a quarrel between the neighbours had resulted in registration of this FIR and that they have settled their disputes amicably, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR no. 766/2014 under Sections 354(D)/451/323/506/509/34 IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 11, 2017 rb