Delhi High Court - Orders
Govind vs State (Nct Of Delhi) And Anr on 15 December, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9251/2023 & CRL.M.A. 34575/2023Exemption
GOVIND ..... Petitioner
Through: Mr. Himanshu Sharma, Mr. Nadeem
Ahmad, Mr. Faraz Khan, Advs. with
petitioner in person.
versus
STATE (NCT OF DELHI) AND ANR ..... Respondents
Through: Mr. Sanjeev Sabharwal, APP for
State with SI Yashpal, P.S. South
Campus.
Mr. Lokesh Kumar Mishra, Mr.
Sumit Kumar and Mr. Haidar Khan,
Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 15.12.2023
1. The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 612/2015, under Sections 354/509 IPC & Section 12 of POCSO Act, registered at P.S. South Campus, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Chhavi Kapoor, learned Additional Sessions Judge, Patiala House Courts, Delhi.
2. Learned counsel for the petitioner submits that latter and respondent no.2 are neighbours and are residing in the same vicinity. Due to misunderstanding, a dispute took place between them on account of which This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 21:31:43 present FIR has been registered. It is submitted that a cross FIR No. 613/2015 under Sections 354A/509 of the IPC has been registered at P.S. South Campus, at the instance of sister of petitioner no.1, which is the subject matter of CRL.M.C. 9250/2023.
3. Copy of the Memorandum of Understanding ('MOU') dated 12.12.2023, has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing of the cross FIRs.
4. Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Yashpal, P.S. South Campus.
5. The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed.
6. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
7. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
8. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 21:31:43 continuing with the present FIR No. 612/2015, under Sections 354/509 IPC & Section 12 of POCSO Act, registered at P.S. South Campus, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Chhavi Kapoor, learned Additional Sessions Judge, Patiala House Courts, Delhi.
9. In the interest of justice, the petition is allowed, and the FIR No. 612/2015, under Sections 354/509 IPC & Section 12 of POCSO Act, registered at P.S. South Campus, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Chhavi Kapoor, learned Additional Sessions Judge, Patiala House Courts, Delhi, is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J DECEMBER 15, 2023/nk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 21:31:43