Quashed

Saddam v. State (Govt. of NCT of Delhi) & Ors.

Delhi HC11 Jan 2024CRL.M.C./28/2023

Case brief

AI extract

What is this about?

The Court quashed the FIR and related proceedings under Section 482 Cr.P.C. after finding that parties had amicably settled the dispute arising from allegations of harassment and offences under the POCSO Act, with the victim's free will and forgiveness.

What did the court decide?

FIR No. 325/2020 and consequent proceedings quashed; petitioner directed to pay Rs. 5,000 to complainant within four weeks.

Saddam Vs State (Govt. of NCT of Delhi) & Ors. — Child Sexual Offences (POCSO) | Delhi HC (2024)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 28/2023

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SADDAM ..... Petitioner Through: Mr. Arpit Jain, Advocate along with petitioner in person.

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versus

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STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Through: Mr. Laksh Khanna, APP for State with SI Surabhi and SI Vishvendra PS Mayur Vihar, New Delhi. Ms. Kajal Rani, Advocate for respondent Nos. 2 to 4 along with respondent Nos. 2 to 4 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 11.01.2024

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The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 325/2020 registered under Sections 354/354 (A)/354(D)/506 IPCand 8/12 of the POCSO Act at Police Station Mayur Vihar, New Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR dated 23.06.2020, the petitioner who was engaged in the work of AC repairing in the neighbourhood of the complainant used to tease the daughter of the complainant and catch hold of her hands.

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Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent Nos.2 to 4 are the only complainants/victims in the present case. It is further submitted that the trial

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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 17/05/2024 at 12:20:54

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is at the stage of prosecution evidence.

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Learned counsel for the petitioner submits that the petitioner and respondent No. 2 are known to each other and present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.

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The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ SI Surabhi and SI Vishvendra PS Mayur Vihar, New Delhi who are present in the Court. The victim who is now a major, is also present in Court along with her father and both have been identified by the I.O.

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The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent Nos. 2 to 4 also state that they have settled the matter amicably out of their own free will, volition and without any coercion. They further state that they have no objection if the present FIR and consequent proceedings are quashed. An affidavit of Respondent No.3 i.e. the mother of the victim has also been placed on record.

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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 cost of Rs.5,000/- to be paid to the complainant by the petitioner within a period of four weeks from today by way of demand draft. 9. Proof evidencing payment shall be filed with the I.O. as well as in

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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 17/05/2024 at 12:20:54

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Court.

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With the above directions, the petition is disposed of.

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MANOJ KUMAR OHRI, J

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JANUARY 11, 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 17/05/2024 at 12:20:54

Saddam v. State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Saddam v. State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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