Rajat Bajaj v. The Govt. Of NCT Of Delhi & ORS.
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4824/2018 & CRL.M.As.13166/2019 & 30884/2019 RAJAT BAJAJ & ORS.
.... Petitioners Through:
Mr. Ajay Tushir and Mr.
Gaurav Dua, Advs. with the petitioner in person versus THE GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through:
Mr.Panna Lal Sharma, APP with SI Nepal Singh, PS CR Park, Delhi Mr. Anshul Mittal, Adv. for R-2 & 3 with R-2 & 3 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 09.08.2019 CRL.M.A. 30884/2019 (for exemption) In view of the cause submitted in the application, the application is allowed. Application stands disposed of. CRL.M.A. 30884/2019 (for amending the petition) In view of the cause submitted in the application, the application is allowed. Application stands disposed of. CRL.M.C. 4824/2018 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0263/2016, under Sections 354/506/509 of the Indian Penal Code,
1860 ('IPC') and Section 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), registered at P.S.: Chitranjan Park, Delhi and the proceedings emanating therefrom. 2.
Amended memo of parties along with amended petition is taken on the record.
3.
The petitioners and respondent Nos.2 and 3 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 29.6.2019.
4.
Respondent Nos.2 and 3, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, they have no objection to the petition being allowed and the FIR being quashed.
5.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 and 3 and has also verified the settlement.
6.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause in any trust or association. 7.
In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in
future and to not indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, this Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.0263/2016, under Sections 354/506/509 of the IPC Section 8 of the POCSO Act, registered at P.S.: Chitranjan Park, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.10,000/- to be paid by the petitioners within 14 days in the Delhi High Court Advocates' Welfare Trust and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt shall also be handed over to the APP through the I.O. within 21 days. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J AUGUST 09, 2019/rk