Sh. Devendra Jain vs State & Anr.
2020 Latest Caselaw 437 Del

$~2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 22.01.2020
+      CRL.M.C. 6331/2019
       SH. DEVENDRA JAIN                                 ..... Petitioner
                     Through:          Mr. P.K. Trehan, Adv.
                          versus
       STATE & ANR.                                       ..... Respondents
                          Through:     Mr. Izhar Ahmad, APP for State with
                                       SI Deepak, PS - Geeta Colony
                                       Ms. Jaswant Maan, Adv. for R-2 with
                                       R-2 in person
                                       Prosecutrix in person
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No. 561/2015 dated 12.09.2015 registered at Police Station -

Geeta Colony, Delhi for the offences punishable under Section 354A IPC

and Section 8 of POCSO Act and all other proceedings emanating

therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the

respondent no.2.

4. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

5. The present petition is filed on the ground that the parties have settled

their disputes and the respondent no. 2 has no objection if the present

petition is allowed.

6. Respondent no. 2, mother of the victim is personally present in Court

and submits that the matter has been settled with the petitioner out of their

free will, choice and without any kind of force, pressure or coercion from

any corner and she has no objection, if the present FIR is quashed.

7. Prosecutrix is also present in Court and she submits that she is

studying in 9th standard and she does not want to prosecute the petitioner any

further as she wants to concentrate on her studies. Therefore, a compromise

has taken place on her behalf by her mother with the petitioner. She has no

objection if the present petition is allowed.

8. Respondent No. 2 is personally present in Court with her learned

counsel - Ms. Jaswant Maan, Advocate and has been identified by SI

Deepak/IO.

9. The petitioner and respondent no.2 have entered into an amicable

settlement vide compromise deed dated 05.09.2018.

10. Learned counsel for the petitioner prays that the present petition may

be allowed.

11. Similar issue came before the Co-ordinate Bench of this Court in

CRL.M.C. 2006/2009 titled as 'Kulpreet @ Manni vs. State and Anr.' ,

whereby the Court vide its order date 22.05.2019 quashed the FIR bearing

No. 498/2015 registered at Police Station - Geeta Colony for the offences

punishable under Sections 354/354A/354D/506/341/34 IPC and Sections

10/12 of the Protection of Children from Sexual Offences Act, 2012.

12. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

13. FIR No. 561/2015 dated 12.09.2015 registered at Police Station -

Geeta Colony, Delhi instituted for the offences punishable under Section

354A IPC and Section 8 of POCSO Act and all other proceedings emanating

therefrom are quashed.

14. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 22, 2020/PB