Smt Savita Dhalla & ANR v. The State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2631/2017 SMT SAVITA DHALLA & ANR ..... Petitioners Through:

Mr.Siddharth, Adv.

versus THE STATE & ORS ..... Respondents Through:

Mr.Izhar Ahmad, APP for State W/ASI Sajni, PS-North Rohini Mr.Kunwar Abdul Kadir, Adv.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 14.07.2017 CRL.M.A.10945/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 2631/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.526/2013, under Sections 354-B/509 IPC and Section 8 POCSO Act, registered at Police Station-North Rohini, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners submits that presently the petitioners and the respondent Nos.2 & 3 are residents of same locality and due to some misunderstanding arisen between the parties, a quarrel had taken place but no incident relating to outraging the modesty of minor/women occurred. He further submits that due to the misunderstanding, the respondent No.2 got

registered FIR No.526/2013, under Sections 354-B/509 IPC and Section 8 POCSO Act, registered at Police Station-North Rohini, Delhi. He further submits that the family members of petitioners too got registered a cross-FIR bearing FIR No.527/2013, under Sections 354-B/509 IPC, at Police StationNorth Rohini, Delhi. Counsel further submits that after the registration of the two FIRs, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide compromise deed dated 15.04.2017 and nothing remains to be adjudicated further between them and to have better relationship in near future, the present FIR, which is coming as a hurdle in their way, may be quashed.

The respondent No.2/complainant, Ms.Simple Jain and respondent No.3 Baby Arushi Jain are present in Court today and have been identified by the Investigating Officer W/ASI Sajni, PS-North Rohini. The respondent Nos.2 & 3 submit that due to some misunderstanding a quarrel had taken place and no incident pertaining to outraging of their modesty occurred. The respondent Nos.2 & 3 admit that they have settled the matter amicably with the petitioners vide compromise deed dated 15.04.2017. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. They further submit that nothing remains to be adjudicated further between them and they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties who are stated to be residents of same locality and nothing remains to be adjudicated further between them, to promote peace in the neighbourhood and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and

all its subsequent proceedings. Consequently, FIR No.526/2013, under Sections 354-B/509 IPC and Section 8 POCSO Act, registered at Police Station-North Rohini, Delhi and all proceedings arising therefrom are hereby quashed.

The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 14, 2017/sr