Delhi High Court - Orders
Rohit Kumar vs The State Nct Of Delhi And Anr on 2 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3096/2021 & CRL.M.A. 19249-19250/2021
ROHIT KUMAR ..... Petitioner
Through: Mr. Yash Prakash, Adv. with
petitioner.
versus
THE STATE NCT OF DELHI AND ANR ..... Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Nitin Kumar, PS Bhajanpura.
Mr. Raghav Narayan, Mr. Ishan Jain,
Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 02.12.2021 CRL.M.A. 19249/2021 (Exemption) Exemption allowed, subject to just exceptions. CRL.M.C. 3096/2021 & CRL.M.A. 19250/2021 Vide the present petition, the petitioner seeks the quashing of the FIR No.432/2013, Police Station Jafrabad, under Sections 354C of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012 submitting inter alia to the effect that a settlement has since been arrived at between the parties vide a settlement deed dated 02.11.2015 and that no useful purpose would be served by the continuation of the said FIR.
The Investigating Officer of the case is present and has identified the petitioner present through video conferencing as being the accused arrayed in the FIR in question and has also identified the respondent No.2 present through video conferencing today as being the complainant thereof. The Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.12.2021 16:57:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Investigating Officer in reply to a specific Court query states that there are no previous adverse antecedents against the petitioner.
The respondent No.2 in her deposition on oath in replies to specific Court queries has affirmed the factum of a settlement arrived at between her and the petitioner and states that she does not oppose the prayer made by the petitioner seeking quashing of the FIR in question submitting inter alia to the effect that she remains unwell and she is in a family way and her family members do not want her to come any further in the matter nor does she want to pursue the proceedings any further in relation to the FIR in question nor does she want the petitioner to be punished in relation to the allegations levelled against the petitioner qua the FIR. She further states that she has understood the implications of the statement made by her, which she has made voluntarily. She further states that she has studied upto Standard 9th.
On behalf of the State, there is no opposition to the prayer made by the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
Taking into account the factum that the FIR in the instant case is of the year 2013, dated 08.11.2013 with the settlement having been arrived at between the parties on 02.11.2015 and the factum that considerable period has since elapsed with it being informed on behalf of the State that there are no other cases against the petitioner and the factum that the respondent no.2 is now 24 years of age and is in the family way and states that she does not want to pursue the proceedings any further, for the well being of the respondent no.2, it is considered appropriate to put a quietus to the litigation between the parties qua the FIR No.432/2013, Police Station Jafrabad, under Sections 354C of the Indian Penal Code, 1860 and Section 12 of the POCSO Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.12.2021 16:57:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Act, 2012 and all consequential proceedings emanating therefrom, which subject to deposit of cost of Rs.15,000/- by the petitioner within 15 days from today to be deposited with the Delhi High Court Legal Services Committee shall stand quashed and non-deposit thereof be recovered as revenue.
The petition is disposed of.
ANU MALHOTRA, J DECEMBER 2, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.12.2021 16:57:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 37 CRL.M.C. 3096/2021 ROHIT KUMAR Vs. THE STATE NCT OF DELHI AND ANR 02.12.2021 CW-1 SI Nitin Kumar, PS Jafrabad, now posted at Police Station Bhajanpura.
I identify the petitioner Mr. Rohit Kumar as being the accused arrayed in the FIR No.432/2013, Police Station Jafrabad, under Sections 354C of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012.
I also identify the respondent no.2 present through video conferencing as being the complainant of the said FIR.
There are no previous adverse antecedents against the petitioner.
ANU MALHOTRA, J RO & AC 02.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.12.2021 16:57:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 37 CRL.M.C. 3096/2021 ROHIT KUMAR Vs. THE STATE NCT OF DELHI AND ANR 02.12.2021 CW-2 Ms. X, On S.A. I have since married. I am 24 years of age now and I am in the family way. I also remain unwell and my family members do not want me to pursue the instant case nor do I want to proceed against the petitioner in relation to the FIR No.432/2013, Police Station Jaffarabad, under Sections 354C of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012 nor do I want the petitioner to be punished in relation thereto.
I thus do not oppose the prayer made by the petitioner seeking quashing of the FIR No.432/2013, Police Station Jaffarabad, under Sections 354C of the Indian Penal Code, 1860 and Section 12 of the POCSO Act, 2012.
I have studied upto Standard IX. I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 02.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.12.2021 16:57:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.