High CourtsSingle Bench(2016) 09 DEL CK 0187

Raja vs State

Delhi High Court · Decided on 28 September 2016 · Citation: (2017) 1 JCC 326

HON’BLE JUDGES
Ms. Mukta Gupta, J.
RESULT
Disposed Off
CASE NUMBER
CRL.M.C. No. 3621 of 2016

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Judgment

12 paragraphs · 376 words

Ms. Mukta Gupta, J. - Crl. M.A. No. 15267/2016 (Exemption)

Allowed, subject to all just exceptions.

CRL.M.C. 3621/2016

By the present petition the petitioner seeks quashing of FIR No. 640/2013 under Sections 354/354D/341/506/509 IPC registered at PS Magol Puri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

2.

Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR petitioner is the only accused and respondent No. 2 is the only complainant/victim in the abovenoted FIR.

3.

The Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that since the petitioner has apologised to her and assured that there will be no misbehaviour in future, she does not want to pursue the above-mentioned FIR and the proceedings pursuant thereto.

4.

Petitioner who is present in Court and is identified by the learned counsel affirms the statement made by respondent No. 2 and besides tendering his apology assures that no such misbehaviour will take place in future.

5.

As per the FIR the complainant alleged that the petitioner had been making obscene gestures in front of her wherever she went out, due to which she was mentally traumatised. On 19th October, 2013 when she was at her house, again the petitioner made obscene gestures and pulled her dupatta due to which she called out her brother where-after the petitioner ran away.

6.

Considering the fact that respondent No.2 does not wish to pursue the above noted FIR and the proceedings pursuant thereto, no useful purpose will be served in proceeding with the trial in the above noted FIR and there is no legal impediment in quashing the FIR in question.

7.

Consequently, FIR No. 640/2013 under Sections 354/354D/ 341/506/509 IPC registered at PS Magol Puri, Delhi and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing a sum of Rs.10,000/- each with the Juvenile Justice Fund maintained by the Registrar General of this Court within four weeks from today.

8.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

9.

The petition is disposed of. Order dasti.