Ravi Kant & ORS v. State & ORS

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3441/2017 & Crl.M.A. No.14050/2017 RAVI KANT & ORS ..... Petitioners Through:

Mr. Riyaz A. Bhat & Mr. Jacob Joseph, Advocates with 7 petitioners in person.

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

Mr. Mukesh Kumar, APP for State with ASI Yashpal Singh, SI B.D. Meena, PS Badarpur.

Mr.

Manish Kumar, Advocate with respondents No.2 to 13 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.09.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.297/2017 under Sections 307/354D/427/506/34 IPC and Section 12 POCSO Act and 27 of Arms Act, registered at Police Station-Badarpur, 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.

Respondents No.2 to 13 are present in Court today and are identified by the learned counsel and 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 per the terms and conditions contained in Compromise Deed/Memorandum of Settlement dated 18.08.2017. They further submit that they do not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. CRL.M.C. 3441/2017

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.297/2017 under Sections 307/354D/427/506/34 IPC and Section 12 POCSO Act and 27 of Arms Act, registered at Police Station-Badarpur, Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

Copy of this order be given dasti under the signatures of Court Master.

SANGITA DHINGRA SEHGAL, J SEPTEMBER 26, 2017 afa