Karan Bahal v. State & ANR.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5763/2018 KARAN BAHAL ..... Petitioner Through:

Mr. Varun Chandiok & Mr.

Shiv Kumar Manan, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Ajit Singh, PS:Sagarpur, Delhi Mr. Girish Kumar & Ms. Pooja Singh, Advocates for the complainant

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.11.2018 CRL.M.A.47387/2018 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 5763/2018 1.

The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.647/2015, under Sections 354D/506/509 of the Indian Penal Code, 1860 and Section 12 of The Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'), registered at PS:Sagarpur, Delhi and the consequent

proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the parties submitted that the matter has been settled between the parties. Learned counsel for the parties further submitted that the proceedings dated 3.8.2018 before the Court of learned Additional Sessions Judge, Patiala House Courts, New Delhi also demonstrate that the parties have settled the disputes, inter se, between themselves on their own without any force, pressure or coercion.

3.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

Respondent No.2 submitted that she has also filed an affidavit, stating that she has no objection to the quashing of the FIR and further submitted that she has no objection to the petition being allowed.

5.

In view of the aforesaid circumstances, the settlement arrived at between the parties, this Court is 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.647/2015, under Sections 354D/506/509 of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012, registered at PS:Sagarpur, Delhi and the consequent proceedings emanating therefrom are quashed. However, the petitioner will deposit a sum of Rs.5,000/- with

the Delhi Police Martyr's Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 6.

Petition is disposed of in above terms.

7.

Dasti.

CHANDER SHEKHAR, J NOVEMBER 16, 2018 tp