Hans Raj & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3750/2017 HANS RAJ & ORS ..... Petitioners Through Mr. Shashi Shankar and Ms. Pooja Mohanani, Advs.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.P. Singh, APP with ASI Tulli Ram, P.S. Badarpur for respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.12.2017 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 has accepted notice.

She has been identified by ASI Tulli Ram of police station Badarpur. It is submitted that petitioners and respondent no. 2 are living in the same vicinity. They were known to each other. A quarrel took place between them, which led to the incident, which resulted in registration of FIR No. 136/2013 under Sections 354/323/34 IPC and Section 10 of the POCSO Act at police station Badarpur on the complaint of respondent no. 2.

It is noted that a cross FIR No. 137/2013 under Sections 308/452/34 IPC was registered at police station Badarpur on the complaint of petitioner no. 5 against the family members of respondent no. 2 herein. Said FIR has already been quashed vide order dated 4th March, 2016 in Crl. M.C. No. 4890/2014, in view of the compromise arrived at between the parties. Respondent no. 2 is now major. She is aged about 19 years. Respondent no. 2 says that she has settled the disputes involved in this FIR with the petitioners of her own free will, voluntarily and without any undue force, pressure or coercion. She further submits that she is not willing to pursue the FIR any further against the petitioners and the same may be quashed. Keeping in mind the facts and circumstances of this case, as detailed above, in the interest of justice, FIR No. 136/2013 under Sections 354/323/34 IPC and Section 10 of the POCSO Act registered at police station Badarpur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

DECEMBER 14, 2017 r.bararia