Delhi High Court - Orders
Nadeem Ahmad & Ors vs The State (Nct Of Delhi & Anr on 17 December, 2021
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1737/2021
NADEEM AHMAD & ORS. ..... Petitioners
Through: Mr. Qamar, Advocate with petitioners
in person.
versus
THE STATE (NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Karan Jeet Rai Sharma, St.
Counsel for Mr. Sanjay Lao, ASC for
the State.
Mr. Rahul Kumar, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 17.12.2021 CRL.M.A. 14328/2021 (for exemption) Exemption allowed subject to just exceptions.
The application stands disposed of.
W.P.(CRL) 1737/2021
1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.151/2021, under Sections 354/323 IPC and Section 8 of the POCSO Act, registered at Police Station-Seelampur, Delhi, and all proceedings emanating therefrom.
2. On the complaint of respondent no.2, the aforesaid FIR was got registered against the petitioner on 18.04.2021.
3. Counsel for the petitioners submits that during the pendency of the trial, parties have settled the matter amicably in terms of the Compromise Deed dated 28.06.2021. A copy of the said settlement is placed on record.
Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:23.12.2021 22:104. Petitioners are present today in Court. Respondent no. 2 is also present in Court today and they have been identified by the IO. I have interacted with the parties and they submit that they have settled their disputes. Respondent no.2 admits that she has settled the matter amicably with the petitioners. She further submits that the compromise has taken place voluntarily, without any force, pressure or coercion. Respondent no.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.
5. Issue notice. Learned APP for the State enters appearance on advance notice and accepts notice.
6. Learned APP for the State submits that in view of the settlement, the State has no objection if the FIR in question is quashed.
7. Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law. Consequentially, this petition is allowed, subject to costs of ₹7,500/- to be deposited by each of the petitioners and costs of ₹7,500/- to be deposited by respondent no. 2 with the Delhi High Court Legal Services Committee within a week from today. Upon placing on record the proof of deposit of costs within two weeks thereafter and handing over its copy to the Investigating Officer, FIR No.151/2021, under Sections 354/323 IPC and Section 8 of the POCSO Act, registered at Police Station-Seelampur, Delhi, and the proceedings emanating therefrom shall stand quashed.
8. The present petition stands disposed of accordingly.
DECEMBER 17, 2021/ak RAJNISH BHATNAGAR, J Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA Signing Date:23.12.2021 22:10