Ranvir Singh & ORS v. State Of NCT Of Delhi & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RANVIR SINGH & ORS ..... Petitioners Through:

Mr. Pranaynath Jha, Mr. Mehendra Pratap, Advocates with petitioners No.1 and 2 in person.

Petitioners No.3 and 4 through her mother.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Ms. Srilina Roy, Advocate for Ms. Nandita Rao, ASC for State with IO/SI Vivek Singh, PS Sangam Vihar.

Respondents No.2 and 3(Minor through her father Data Ram) in person.

Respondents No.4 and 5 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 10.08.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.197/2017 for the offences punishable under Sections 452/323/509/354/34 IPC & Section 12 of Protection of Children From Sexual Offences Act, 2012 (POCSO) registered at Police Station-Sangam Vihar, Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondent No.2 is present in Court today, who is also representing respondent No.3 being minor (present in Court) and the respondents No.4 is also present in Court today and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners with their own free will and choice without any threat, pressure and coercion. They further submit that they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Statements of the parties have been recorded separately. The question which arises for consideration that whether the FIR in the instant case can be quashed as the Sections of the Protection of Children From Sexual Offences Act, 2012 (POCSO) are involved which are noncompoundable. In Crl. M. C. No. 1706/2014 titled as Shri Ravinder Kumar Vs. State, the Coordinate Bench of this Court had quashed the case wherein the offences under Sections of the Protection of Children From Sexual Offences Act, 2012 (POCSO) were involved.

Keeping in view the facts, decision rendered by the other bench of this Court and the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. It would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No.

197/2017 for the offences punishable under Sections 452/323/509/354/34 IPC & Section 12 of Protection of Children From Sexual Offences Act, 2012 (POCSO) registered at Police Station-Sangam Vihar, Delhi, and proceedings pursuant thereto are hereby quashed.

The petitioners are, however, burdened with costs of Rs.20,000/- to be deposited with Delhi High Court Legal Services Committee, DHC. Cost deposited. A copy of receipt of Rs.20,000/- is taken on record. The petition is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 10, 2017 afa