July 14, 2019:
Petitioner had sought quashing of FIR No.94/2016, initially registered under Sections 354/354D/506/509 IPC and Section 12 POCSO, Police Station Geeta Colony.
Bench of Justice Sanjeev Sachdev of Delhi High Court found that Charge had been framed by order dated 25.05.2017 under Sections 363/354/354D/506/509 IPC. No charge had been framed under Section 12 POCSO.
Petitioner as well as respondent No.2 Victim were the first cousin being children of two real brothers.
The prosecutrix/victim on the day of the alleged incident was aged about 17 years and 4 months. They were also friends.
Victim who was Minor at the time of Assault had filed her affidavit in support of the petition stating that she has settled the disputes with the petitioner and his family and has no objection to the quashing of the subject FIR.
Even a Compromise Deed dated 30.09.2018 has been annexed with the petition where the petitioner has undertaken not to harass the respondent No.2 and her family.
In this backdrop Bench ruled-
''Petitioner, who is present in Court in person, undertakes that he shall abide by the settlement terms. The undertaking is accepted. In view of the fact that parties are related being first cousins, the disputes between the parties have been settled and a compromise deed dated 30.09.2018 has been executed, I am of the view that it is a fit case for quashing of the subject FIR to restore family peace and harmony.
In view of the fact that the disputes between the petitioner and respondent no. 2 have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.''
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