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Yashvinder Dawar & Ors. v. the State & Anr.

Delhi HC22 Oct 2024CRL.M.C./1330/2020

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR under POCSO and IPC due to amicable settlement. The court quashed the proceedings, granting relief subject to deposit of Rs. 25,000 with the State Legal Services Authority for victim counselling support.

What did the court decide?

FIR No. 97/2017 and consequent proceedings quashed; petitioners directed to deposit Rs. 25,000 with Delhi State Legal Services Authority within two weeks.

Yashvinder Dawar & Ors. Vs the State & Anr. — Child Sexual Offences (POCSO) | Delhi HC (2024)

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$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1330/2020

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YASHVINDER DAWAR & ORS .....Petitioners

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Through: Mr. Gagan Bhatnagar, Advocate with petitioners through VC.

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versus

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THE STATE & ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with Inspector Gajendra Singh, SI Devender PS DIU/ND and SI Jitender Singh PS Subhash Place, Delhi. Mr. Siddharth Mittal, Mr. Abhijeet Varshney, Advocates for respondent no.2 (through VC)

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 22.10.2024

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The present proceedings are instituted on behalf of the petitioners seeking quashing of FIR No. 97/2017 registered under Sections 323/341/289/336/506/509/34 IPC read with Section 12 of POCSO Act at Police Station Model Town, Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR, the petitioners misbehaved with and threatened the respondent No.2 and her minor son, causing them mental distress.

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Mr. Nawal Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case. Learned APP further states that though the parties have compromised, some costs may be

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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 04/11/2024 at 11:06:49

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imposed on the petitioners considering the serious nature of the averments/allegations and since the state machinery has already been put in motion. It is also submitted that charges have been framed in the present case.

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Learned counsel for the petitioners submits that the present FIR was registered due to a misunderstanding and with the intervention of family members and friends, the parties have amicably settled their disputes vide compromise deed dated 25.01.2020, a copy whereof has been placed on record. In terms of the said settlement, respondent no.2/complainant is now left with no claim or grievance against the petitioners. It is further stated that the minor son of respondent No.2/victim has turned major now.

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The petitioners and respondent No.2, who have joined the proceedings through V.C., have been identified by their respective counsels as well as the I.O./ Inspector Gajendra Singh, SI Devender PS DIU/ND and SI Jitender Singh PS Subhash Place, Delhi.

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The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that she has entered into the aforementioned compromise out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

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The parties shall remain bound by the statements made in Court today.

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In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of composite cost of Rs.25,000/- to be deposited by the

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This is a digitally signed order.

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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 04/11/2024 at 11:06:49

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petitioners with the Delhi State Legal Services Authority(Account No.18580110053263, UCO Bank, Branch Rouse Avenue, IFSC: UCBA0003364) within a period of two weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

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Proof evidencing receipt of deposit shall be filed with the I.O.

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A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation.

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With the above directions, the petition is disposed of.

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In case the proof of cost is not filed within two weeks, the I.O. shall be at liberty to move an appropriate application in this regard.

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MANOJ KUMAR OHRI, J

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OCTOBER 22, 2024/ rd

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This is a digitally signed order.

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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 04/11/2024 at 11:06:49

Yashvinder Dawar & Ors. v. the State & Anr.

Case brief

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Yashvinder Dawar & Ors. v. the State & Anr.

Case brief

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