Satkar Dabas vs State Nct Of Delhi & Anr

Ravinder Dudeja, J

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0124/2018, dated 05.05.2018, registered at P.S South Rohini, Delhi under sections 323/354/354A IPC & Section 12 POCSO Act and all proceedings emanating therefrom on the basis of settlement between the parties.

As per the allegations in the FIR, the petitioner assaulted the respondent no.2 with intent to outrage her modesty. Accordingly, FIR No. 0124/2018, dated 05.05.2018, at P.S South Rohini, Delhi under section 323/354/354A IPC & Section 12 POCSO Act was registered against the petitioner. Chargesheet has been filed against Petitioner under sections 354/354A/323 IPC.

During the proceedings, the parties amicably resolved their disputes and executed a Compromise Deed/ Settlement Deed dated 21.08.2024. It is submitted that both parties have started living together. The copy of Compromise Deed/ Settlement Deed dated 21.08.2024 has been placed on record as Annexure P-3.

Both parties have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Sumit from PS Rohini South.

Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 0124/2018is quashed against the Petitioners.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0124/2018is quashed.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes by observing as under:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0124/2018, dated 05.05.2018, registered at P.S South Rohini, Delhi under sections 323/354/354A IPC & Section 12 POCSO Act and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 0124/2018, dated 05.05.2018, registered at P.S South Rohini, Delhi under sections 323/354/354A IPC & Section 12 POCSO Act and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioners depositing cost of Rs. 10,000/- each with Advocates Welfare Fund bearing DHCBA Cost A/c No. 15530110179338 maintained with the UCO Bank, Delhi High Court, New Delhi, within a period of one month.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.