Mohit & ORS. v. State Govt. Of NCT Of Delhi & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3295/2016 MOHIT & ORS.

..... Petitioners Through Ms.

Inderjeet Sidhu, Adv.

with petitioners in person.

versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through : Mr. Mukesh Kumar, APP with SI R.P. Singh, P.S. Dwarka South and W/SI Suman, P.S. Baba Hari Das Nagar for respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.09.2016 Crl. M.A. No. 14023/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 3295/2016 On the complaint of respondent no. 2, present FIR No. 277/2013 under Sections 341/323/509/34 IPC and Section 12 of the Protection of Children from Sexual Offence Act, 2012 was registered against the petitioners at Police Station Dwarka South.

Respondent no. 2 alleged in the FIR that on 10th August, 2013 she was going with her father on his scooter

bearing registration no. DL-9S-AN-4719 and when they reached near Ayappa Temple, Sector 1, Dwarka at about 7:15 PM, petitioners came on motorcycle bearing registration No. DL-8SAP-2971 and passed comments on her.

She was carrying a gas cylinder.

Petitioner no. 1 Mohit was driving the motorcycle; while petitioner nos. 2 and 3 were sitting on the pillion seat.

Petitioner no. 1 Mohit commented by saying that "she should hold him like she was holding a gas cylinder". When father of respondent no. 2, namely, Shri Bajarang Lal Gupta objected to this, they gave beatings to him by fists and kicks blow as also by the helmet. It is submitted that petitioners and respondent no. 2 are living in the same locality, that is, Sector 1, Dwarka, Delhi.

They have now settled the matter vide Compromise Deed dated 30th May, 2016. Respondent no. 2 is present in Court along with her father Shri Bajarang Lal Gupta. She as well as her father submits that matter has been compromised and they do not wish to pursue the FIR any further and same may be quashed. Keeping in mind that petitioners and respondent no. 2 are living in the same locality and were known to each other, inasmuch as have compromised the matter in order to maintain harmonious relation in future, FIR No. 277/2013 under Sections 341/323/509/34 IPC and Section 12 of the

Protection of Children from Sexual Offence Act, 2012 registered at Police Station Dwarka South and the consequent proceedings emanating therefrom are quashed, subject to, however, cost of `5,000/- (Rupees Five Thousand Only) each to be deposited by each of the petitioners with Delhi High Court Legal Services Committee within four weeks.

Receipts be deposited with Investigating Officer.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 08, 2016 rb