The High Court of Delhi quashed an FIR under Section 354 IPC and POCSO Act lodged against a petitioner intervening in a criminal proceeding where a settlement had been amicably arrived at between the petitioner and the prosecutrix.
FIR No. 413/2016 and consequent proceedings were quashed.
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Ms. Sunita Jain, Adv. for R-2 along with R-2 in person with her motherMrs. Suman Choudhary and fatherSh. Om Prakash Choudhary.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R
% 16.01.2018
It is submitted that petitioner is working in the Intelligence Bureau.
Father of the prosecutrix is also working in the Intelligence Bureau. Petitioner would impart free tuitions to the children of his colleagues on Saturdays/Sundays and other holidays. Prosecutrix also used to take such extra classes. Due to some misunderstanding, prosecutrix lodged present FIR No. 413/2016 under Section 354 IPC and Section 8 of The Protection of Children from Sexual Offence Act, 2012. It is further submitted that with the intervention of their common friends and family members, matter has been amicably settled between the parties, therefore, aforesaid FIR and the consequent proceedings emanating therefrom may be quashed.
Prosecutrix is aged about 14 years, therefore, she is being represented through her mother-Mrs. Suman Choudhary. Prosecutrix is present along with her mother-Mrs. Suman Choudhary and father-Mr. Om Prakash Choudhary. Prosecutrix has been identified by SI Ashish of police station Sarojini Nagar. Prosecutrix and her parents submit that subsequently it was realised that some misunderstanding had taken place and the act of the petitioner was not intentional, therefore, a settlement has been arrived at between them and petitioner. They further summit that settlement has been arrived at of their own free will and without any undue force, pressure or coercion, therefore, they are not willing to pursue the FIR any further and the same may be quashed.
Keeping in view the facts and circumstances as narrated above, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending in view of the settlement arrived at between the concerned parties. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrome are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
JANUARY 16, 2018/ ga
1 issue framed by the court
Whether the FIR under Section 354 IPC and Section 8 POCSO Act, 2012 may be quashed in view of an amicable settlement between the parties.
2 provisions across 2 enactments
ARUN KUMAR SHUKLA
STATE (GOVT OF NCT OF DELHI) & ANR
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
