Jitender Kumar v. The State NCT Of Delhi & ORS

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1772/2017 & Crl. M.A. No. 7227/2017 (stay) JITENDER KUMAR ..... Petitioner Through Mr. Akhand Pratap Singh, Ms. Aditi Mittal and Mr. Suresh Sisodia, Advs.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through Mr. Amit Gupta, APP with SI Anuj Singh, P.S. Hazarat Nizamuddin for the State Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.10.2017 Notice could not be issued to the respondent no. 2 as process fee was not filed. However, respondent no. 2 is present in court and accepts notice. Respondent no. 2 has been identified by SI Anuj Singh of Police Station Hazarat Nizamuddin. She has also produced her Aadhaar Card, wherein her date of birth is recorded as 2nd July, 1996. Presently, she is 21 years of age. Respondent no. 2 says that petitioner is her neighbour. A quarrel took place between her and the petitioner on some trivial issue, which led to registration of the present FIR No. 134/2014 under Sections 506/198 IPC

read with Sections 12/14 of the POCSO Act, 2012 at Police Station Hazarat Nizamuddin. She says that she has now settled the matter with the petitioner of her own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that she is not willing to pursue the FIR any further and the same may be quashed. Affidavit of respondent no. 2 is also on record at pages 106 to 108.

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2, in the interest of justice, FIR No. 134/2014 under Sections 506/198 IPC read with Sections 12/14 of the POCSO Act, 2012 registered at Police Station Hazarat Nizamuddin and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

OCTOBER 23, 2017 r.bararia