Akash Chauhan v. State & Anr

ORDER

21.09.2010

¶1The present petition is filed by the petitioner under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.189/2010 lodged by respondent No.2/complainant against petitioner, under Sections 376/328/506 IPC registered with PS Safdarjung Enclave, New Delhi, and all proceedings arising out therefrom.

¶2The petitioner and the respondent No.2/complainant are present in the court and they jointly state that the present complaint lodged by the respondent No.2 was on account of a misunderstanding between them. In fact it is stated by the respondent No.2/complainant that she did not realize the gravity of the offence, as set out in her complaint Page No.1 of 3 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. and as a matter of fact, both the parties had fallen in love with each other and wanted to get married. The parties state that now they have arrived at an amicable settlement, as recorded in Compromise Deed dated 4.9.2010(Annexure P-5). Both the parties confirm the fact that the aforesaid settlement has been arrived at between them of their own free will and volition and without any undue influence or coercion from any quarters.

¶3This Court has personally interacted with respondent No.2jcomplainant who confirms the aforesaid position and states she has a friendly relationship with the petitioner and does not wish any further action to be taken on the aforesaid FIR, which was lodged under a misconception.

¶4Learned APP states, on instructions, from the IO that after lodging of the complaint, investigations have been carried out and till now, there is no significant corroboration of the contents of the complaint. In view of the settlement arrived at between the parties, he has no objection to the prayer made in the present petition being allowed.

¶5Having regard to the tender age of the parties, the petitioner being less than 19 years of age and the respondent No.2jcomplainant being 19 years of age, their circumstances and family background, and Page No.2 of 3 j the fact that they have resolved their disputes amicably no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising out therefrom. The prayer made in the petition is allowed. FIR No.189/2010 lodged by complainant/respondent No.2 with Police Station: Safdarjung Enclave, and all the proceedings arising therefrom stand quashed.

¶6The petition is disposed of. File be consigned to the record room. SEPTEMBER 21, 2010 mk HIMA KOHLI,J Page No.3 of 3

* IN THE HIGH COURT OF DELHI AT NEW DELHI + 0/o AKASH CHAUHAN ..... Petitioner Through Petitioner in person versus STATE & ANR ..... Respondents Through Mr.M.N.Dudeja, APP Respondent No.2 in person CORAM: HON'BLE MS. JUSTICE HIMA KOHLI