Wasil v. State & ORS

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2185/2017 WASIL ..... Petitioner Through Ms. Sadaf, Adv.

versus STATE & ORS ..... Respondents Through Ms. Manjeet Arya, APP with ASI Prabhu Dayal, P.S. Hauz Qazi Respondent nos. 2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.09.2018 Respondent no. 2 is brother of respondent no. 3. FIR No. 188/2015 under Section 363 IPC was registered at Police Station Hauz Qazi on the complaint of respondent no. 2. Respondent no. 2 alleged in the FIR that his sister (respondent no. 3) was missing from the house. During the investigation, respondent no. 3 was recovered and petitioner was arrested. Sections 366-A/354 IPC and Section 8 of the POCSO Act were also added after recording the statement of respondent no. 3. It is submitted that respondent nos.2 and 3 have settled the matter with petitioner of their own free will and without any undue force, pressure or coercion. Respondent

nos. 2 and 3 are present in Court and have been identified by ASI Prabhu Dayal of police station Hauz Qazi. Respondent no.3 says that presently she is 20 years of age. Memorandum of Understanding dated 1st March, 2017 has been annexed on record. Respondent nos. 2 and 3 say that they have no objection in case aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Keeping in mind the settlement arrived at between the petitioner and respondent nos. 2 and 3 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 05, 2018 r.bararia