Naresh v. State Of Delhi & ANR
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3446/2016 NARESH ..... Petitioner Through :
Mr. Tarunesh Kumar, Mr. Narendra Singh, Ms. Rishima Parashar and Mr.
V. P. Singh, Advs. with petitioner in person.
versus STATE OF DELHI & ANR ..... Respondents Through :
Mr. Sudershan Joon, APP with ASI Shyam Lal PS Malivya Nagar for R-1.
Mr. Hamid Ali, Adv. for R-2 with R-2 and her father and mother in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 19.09.2016 Present FIR No.651/2016, under Sections 354/354-A/506 IPC and Section 8 of the Protection of Children from Sexual Offence Act, 2012, was registered at police station Malviya Nagar, on the complaint of respondent no.2, who is aged about 16 years. Respondent no.2 has been impleaded in this case through her father, namely Mr. Sanjay Gupta. Petitioner is neighbour of respondent no.2. In the FIR, respondent no.2 has alleged that on 28th August, 2016, she was washing clothes in her house, when at about 12'o Clock, petitioner came there and used obscene remarks and kissed her. She ran away in a room. After some time, petitioner again came with a knife and threatened to kill her; touched her breasts and pulled her hair.
Being neighbours petitioner and respondent no.2 have compromised the matter with the intervention of their common friends and family members. Respondent no.2 is present in Court with her father and submits that she does not wish to pursue the FIR any further. So is the wish of her father. Keeping in mind the fact that petitioner and respondent no.2 are neighbours and have settled their disputes amicably, inasmuch as, respondent no.2 and her father are not willing to pursue the FIR any further and petitioner is not having any previous criminal record, in the interest of justice, FIR No.
651/2016 under Sections 354/354-A/506 IPC and Section 8 of the Protection of Children from Sexual Offence Act, 2012 registered at police station Malviya Nagar is quashed, subject to, however, payment of `25,000/- (Rupees Twenty Five Thousand Only) as costs to the respondent no.2. Petitioner shall handover a demand draft of `25,000/- (Rupees Twenty Five Thousand Only) in the name of respondent no.2 to the Investigating Officer within two weeks and thereafter, same be released by the Investigating Officer to respondent no.2.
Writ petition is disposed of in the above terms. A.K. PATHAK, J.
SEPTEMBER 19, 2016/dk