Arun Singh & ANR v. The State NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4650/2017 ARUN SINGH & ANR ..... Petitioners Through:

Mr. Islam Khan, Mr. Yogesh Kumar and Mr. A. Chauhan, Advs. along with petitioners in person.

Versus

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

Mr. G.M. Farooqui, APP with State with SI Amrindar Dhinkar, P.S.

Fatehpur Beri.

Ms. Geetanjali Borah, Adv. for R-2 & R-3 along with R-2 with her mother in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.11.2017 Crl. M.A. 18530/2017 Allowed, subject to all just exceptions.

Application is disposed of.

CRL. M.C. 4650/2017 Learned counsel for the petitioners submits that respondent no. 3 is neither necessary nor proper party since complainant, that is, respondent no.2 is major, therefore, name of respondent no. 3 may be deleted from the

array of parties. Ordered accordingly. Amended memo of parties be filed during the course of the day.

As per FIR, respondent no.2 has alleged that petitioners used to follow her bus on their motorcycle and pass indecent comments. She stated in the FIR that at the time of incident she was studying in Class XI. Respondent no.2 is present in Court along with her counsel and has been identified by SI Amrindar Dhinkar of police station Fatehpur Beri. She submits that she has now settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion. She says that petitioners have apologised to her for their misconduct and she has pardoned them. She has no objection in quashing of the FIR. Mother of respondent no.2 is also present and has confirmed about the settlement. Keeping in view the settlement arrived at between the petitioners and respondent no.2 voluntarily, in the interest of justice, FIR No.

263/2015 354D/509/34 IPC and Section 12 of The Protection of Children from Sexual Offence, Act, 2012 registered at police station Fatehpur Beri and the consequent proceedings emanating therefrom are quashed, subject to costs of `7,500/- to be deposited by each of the petitioners with the Delhi High Court Legal Services Committee within one week.

deposit of costs be handed over to the Investigating Officer. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 13, 2017 ga