Lovnish Grover & ORS v. The State Govt Of NCT Of Delhi & ANR
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LOVNISH GROVER & ORS ..... Petitioner Represented by:
Mr. Sanjeev Sahay, Ms. Heena Sharma and Ms. Himangi Kapoor, Advocates.
versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by:
Ms. Nandita Rao, ASC for the State.
With ASI Surender, PS Shahdara.
Mr. Manish Bhadauria and Ms.
Priyanka Bhadauria, Advocates for respondents.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 08.01.2019 By the present petition the petitioners seek quashing of FIR No. 194/2017 under Sections 354/354A/354B/323/34 IPC and Section 8 of the Protection of Children from Sexual Offence Act (in short 'POCSO Act') registered at PS Shahdara, Delhi on the complaint of respondent No. 2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions submits that in the above-noted FIR the five petitioners are the accused and the respondent No. 2 who is minor is the complainant and is represented
through her mother guardian and besides respondent No. 2 there are six other victims who have been impleaded as respondent Nos. 3 to 8. Respondent Nos. 3 to 8 are present in Court and are identified by the learned counsel and the Investigating Officer. Respondent No. 3 on her behalf and as guardian of respondent No. 2 and respondent No. 4 to 8 state that they have settled the matter with the petitioners who are their neighbours vide MOU notarized on 15th November, 2017 copy whereof is annexed as Annexure-P2 of the paper book. In terms of the settlement they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent Nos. 3 to 8 and undertake to abide by the terms of settlement arrived at between the parties. They also tender their unqualified apologies to respondent Nos. 3 to 8 and assure that no such misbehaviour will take place in future. They also undertake to deposit cost.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, 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.
194/2017 under Sections 354/354A/354B/323/34 IPC and Section 8 of the Protection of Children
from Sexual Offence Act (in short 'POCSO Act') registered at PS Shahdara, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a consolidated cost of ₹15,000/- with the Delhi High Court Staff Welfare Fund within two weeks.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of. Order dasti.
MUKTA GUPTA, J.
JANUARY 08, 2019 'yo'