Rajesh Kumar & ORS v. The State Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4713/2017 RAJESH KUMAR & ORS ..... Petitioners Through:

Mr.Rajender Yadav, Advocate.

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

Ms.Manjeet Arya, APP for the State /respondent no.1 with SI Jasveer Singh from PS-Jahangir Puri.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.08.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Devki is present in Court and accepts notice. She has been identified by SI Jasveer Singh of police station Jahangir Puri. She submits that she is now 20 years old. At the time of incident, she was 16 years old.

FIR No.797/2014 under Section 354 IPC and Section 10 of POCSO Act was registered at police station-Jahangir Puri on the complaint of respondent No.2. Respondent no.2 submits that she has settled the matter with the petitioners of her own free will and without any undue force,

pressure or coercion, as the petitioners are her neighbour. Respondent no. 2 says that she has no objection in case FIR No. 708/2015 under Sections 354 IPC registered at Police Station Jahangir Puri and the consequent proceedings emanating therefrom are quashed.

It is noted that on the complaint of petitioner no.2, FIR No.694/2014 under Sections 354/354-A IPC and Section 10 of POCSO Act was registered against the father of respondent no.2 much prior to registration of present FIR No. It is submitted that present FIR is counter blast of FIR/complaint lodged by the sister of petitioner no.2 against the father of respondent no.2. In the facts and circumstances of this case, as aforesaid, in my opinion, no fruitful purpose would be served to keep the criminal proceedings pending in view of the settlement arrived at between the petitioner and respondent no. 2 voluntarily. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J AUGUST 17, 2018/ssc