High Court of DelhiW.P.(CRL)/3399/2016

Sqeeb v. State (Govt. Of NCT Of Delhi) & ORS.

2016-12-19Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3399/2016 SQEEB ..... Petitioner Through:

Mr. Harish Kumar, Advocate versus STATE (GOVT. OF NCT OF DELHI) & ORS.

..... Respondent Through:

Mr. R.S. Kundu, ASC with SI Prakash, PS Sadar Bazar

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 19.12.2016 Learned counsel for the petitioner, at the outset, submits that the petitioner has joined the investigation and he has been taken into custody on 15.12.2016.

This petition has been preferred to seek the quashing of FIR No.629/2015 dated 15.10.2015 under Section 452/354A/354D/323/506/34 IPC read with Section 6 of POCSO Act registered at PS Sadar Bazar. The petition is premised on a settlement arrived at between the petitioner and the complainant, who is the father of the prosecutrix minor. The complainant and the prosecutrix are identified by the I.O. Learned counsel for the petitioner submits that the other accused

being minor have been discharged by the Juvenile Justice Board. The father of prosecutrix Mohd. Mehtab, who is present in court with his minor daughter states that he has entered the settlement with the petitioner out of his own free will and accord. He states that he has no apprehension at present of the petitioner threatening or causing any harm to the prosecutrix in any manner. He states that he has voluntarily and without any pressure or coercion wishes to withdraw the complaint.

Learned counsel for the petitioner states that to atone for his conduct, the petitioner is ready and willing to be subjected to such costs as this court may consider appropriate.

In view of the aforesaid, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed subject to the petitioner depositing Rs.20,000/- in the Prime Minister's National Relief Fund within four weeks. This is further subject to the condition that the petitioner shall maintain good conduct and shall not in any manner threaten, coerce or harm the prosecutrix. A copy of the receipt of payment be provided to the I.O., and whereafter the case shall be closed.

A copy of this order be communicated to the Jail Superintendant, Tihar for release of the petitioner in the present case, if he is not required in any other case.

Dasti.

VIPIN SANGHI, J DECEMBER 19, 2016 sr