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High Court of DelhiW.P.(CRL)/3581/2018

Shakeel Ahmad & ORS v. Govt Of NCT Of Delhi & ANR

2019-10-18Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3581/2018 SHAKEEL AHMAD & ORS ..... Petitioners Through Mr Mohd Ataher Khan, Advocate.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr Rajesh Mahajan, ASC for State with Ms Jyoti Babbar, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.10.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR No. 669/2017 under Sections 452/354/323/324/34 of the IPC and Section 8 of The Protection of Children from Sexual Offences Act, 2012 registered with P.S. Jamia Nagar and all proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of respondent no.2. She had reported that three of the petitioners had mercilessly beaten her minor son as well as her daughter. The petitioners state that they have entered into a compromise with the respondents and their differences and disputes have now been resolved. A copy of the said compromise (Memorandum of Understanding dated 03.10.2018) has also been placed on record. 3.

Although an amended memo of parties has been filed, the same is not on record. A copy of the same has been handed over to in Court. The same is taken on record.

4.

Petitioner nos. 4 and 5 and respondent nos. 3 and 4 are minors and are represented by their natural guardians. Respondent nos. 4 and 5 are

represented by their father and respondent nos. 3 and 4 are represented by their mother.

5.

The respondents are present in Court and confirm that they have no grievance against the petitioner. They also join the petitioners in their prayer that the FIR in question be quashed.

6.

The respondents are identified by the investigating officer. The petitioners are also present in Court and are identified by their counsel. 7.

In view of the statements made by both the parties, this Court considers it apposite to quash the FIR in question. Accordingly, the petition is allowed and FIR No. 669/2017 under Sections 452/354/323/324/34 of the IPC and Section 8 of The Protection of Children from Sexual Offences Act, 2012 registered with P.S. Jamia Nagar and all proceedings emanating therefrom, are quashed.

8.

The concerned parties - the petitioners and respondent nos. 2 to 7 - shall sign this order as an acknowledgment of the statements recorded herein.

VIBHU BAKHRU, J OCTOBER 18, 2019/pkv