Mohit @ Manu & ANR v. State (NCT Of Delhi) & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHIT @ MANU & ANR ..... Petitioner Represented by:

Mr. Ramesh Kumar, Mr. Sumit Verma, Advs.

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

Mr. Ashok Kumar Garg, APP with SI Sunita PS Lodhi Colony.

R-2 in person with her father.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.09.2016 Crl.M.A. 14160/2016 Exemption allowed subject to just exceptions. By the present petition, the Petitioners seek quashing of FIR No. 283/2015 under Sections 323/354 IPC & Section 12 of the Protection of Children from Sexual Offences Act (POCSO) registered at PS Lodhi Colony, Delhi on the complaint of Respondent No.2 on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused

and besides respondent No.2 who is a minor and complainant/ victim, her father is also a victim as he was beaten. Respondent No.2 has been impleaded through her father as a guardian and thus the father of the respondent No.2 is also present in Court.

Respondent No. 2 and her father are identified by the Investigating Officer. The father of respondent No.2 on his behalf and on behalf of his minor daughter states that they have settled the matter with the petitioners who are their neighbour, college going students and have apologized and assure that there will be no such behaviour and thus they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel and the investigating officer state that have tendered their unqualified apology to the respondent No.2 and her father and also assure that they will not indulge in any such misbehaviour of any kind in future.

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, rather the same would create further acrimony between them, 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.

Consequently, FIR No. 283/2015 under Sections 323/354 IPC & Section 12 of the Protection of Children from Sexual Offences Act (POCSO) registered at PS Lodhi Colony, Delhi and proceedings pursuant thereto are hereby quashed.

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

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

SEPTEMBER 09, 2016 'ga'