The Court quashed an FIR regarding offences involving unfair sexual molestation and kidnapping based on a mutual settlement signed by the parties after the prosecutrix reconciled.
FIR No.263/2012 and all proceedings emanating therefrom are quashed.
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SARITA & ORS. .....Petitioners Through: Ms. Ila Sheel, Mr. Sanjeev Gupta (D/3879/2018) and Mr. Meenesh Dubey, Advocates along with Petitioners in person.
versus
STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State. SI Ajit Krishna, D-2877, Gokulpuri Complainant in person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 05.09.2024
Page 1 of 3
CRL.M.C. 6620/2024
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 07/09/2024 at 14:26:59
was recovered at Auraiya Bus Stand, UP on 22.07.2012 and she was, thereafter, brought to Delhi and her medical examination was conducted at GTB, Hospital, Delhi. It is stated that the statement of the Prosecutrix under Section 164 Cr.P.C was recorded wherein the Prosecutrix stated that she had gone to her Aunt’s house at Auraiya with her maternal grandfather. It is stated that the Aunt of the Prosecutrix made her met with a person named Kallu and she took the Prosecutrix to the field. It is stated that in the field, the person Kallu outraged the modesty of the Prosecutrix. On the said statement of the Prosecutrix, the present FIR was registered against the Petitioners under Sections 363/368/366/366A/343/354/506/120B IPC.
Page 2 of 3
CRL.M.C. 6620/2024
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 07/09/2024 at 14:26:59
identified by their Counsel and the Investigating Officer. The Prosecutrix has been identified by the Investigating Officer. The Prosecutrix states that she has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.
SUBRAMONIUM PRASAD, J
SEPTEMBER 5, 2024 S. Zakir
Page 3 of 3
CRL.M.C. 6620/2024
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 07/09/2024 at 14:26:59
2 issues framed by the court
Whether the FIR and proceedings should be quashed given that the parties have entered into a settlement and reconciled.
Whether any useful purpose would be served in continuing the criminal proceedings.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶7
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
1 provisions across 1 enactments
SARITA & ORS.
STATE (GOVT. OF NCT OF DELHI) & ORS.
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
