Dinesh Kumar vs.the State ( Nct of Delhi) & Ors.

Dinesh Kumar vs The State ( Nct of Delhi) & Ors.

Type Court Judgment Court Delhi Decided Aug 17, 2018

~2 min read

https://sooperkanoon.com/case/1217114

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Citation: sooperkanoon.com/1217114
Court: Delhi High Court
Decided On: Aug 17, 2018
Subject: Media and Communication

Case Summary

AI-generated summary - not the official court judgment text.

Media and Communication

Key legal issue: Media and Communication

Parties & Advocates

Appellant / Petitioner

Dinesh Kumar

Respondent

The State ( Nct of Delhi) & Ors.

Excerpt

.....quashing of fir no.173/2016 under sections 354-d/506 ipc read with section 12 pocso act, police station neb sarai.2. the subject fir was registered consequent to a complaint given by the complainant. it is stated by the respondent no.2 that the crl.m.c. 4161/2018 page 1 of 2 complaint was made at the asking of her father.3. learned counsel for the petitioner submits that the parties have settled their disputes.4. the respondent no.2 is present in person and is identified by the investigating officer. she submits that she has settled her disputes with the petitioner. she further submits that she does not wish to prosecute the complaint any further and is aggregable to the quashing of the subject fir.5. in view of the fact that the parties have resolved their disputes and respondent no.2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. it would be expedient to quash the subject fir and the consequent proceedings emanating therefrom.6. in view of the above, the petition is allowed. fir no.173/2016 under sections 354-d/506 ipc read with section 12 pocso act, police station neb sarai and the consequent proceedings emanating there from are quashed. order dasti under the signatures of the court master.7. august17 2018/st crl.m.c. 4161/2018 sanjeev sachdeva, j page 2 of 2

Full Judgment

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4161/2018 DINESH KUMAR THE STATE ( NCT OF DELHI) & ORS versus Judgment delivered on:

17. 08.2018 ........ Petitioner

........ RESPONDENTS

Advocates who appeared in this case: For the... Petitioner

s : Mr. Naresh Kumar, Advocate. Mr. Kamal Kumar Ghai, APP for the State. SI Vinay Kumar, PS Neb Sarai. For the Respondent: CORAM:-

"HON’BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1708.2018 SANJEEV SACHDEVA, J.

(ORAL) Crl.M.A.30190/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4161/2018 1. The petitioners seek quashing of FIR No.173/2016 under Sections 354-D/506 IPC read with Section 12 POCSO Act, Police Station Neb Sarai.

2. The subject FIR was registered consequent to a complaint given by the complainant. It is stated by the respondent No.2 that the CRL.M.C. 4161/2018 Page 1 of 2 complaint was made at the asking of her father.

3. Learned counsel for the petitioner submits that the parties have settled their disputes.

4. The respondent No.2 is present in person and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioner. She further submits that she does not wish to prosecute the complaint any further and is aggregable to the quashing of the subject FIR.

5. In view of the fact that the parties have resolved their disputes and respondent No.2 does not wish to press her complaint, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6. In view of the above, the petition is allowed. FIR No.173/2016 under Sections 354-D/506 IPC read with Section 12 POCSO Act, Police Station Neb Sarai and the consequent proceedings emanating there from are quashed. Order Dasti under the signatures of the Court Master.

7. AUGUST17 2018/st CRL.M.C. 4161/2018 SANJEEV SACHDEVA, J Page 2 of 2

Same Court & Year Delhi · 2018 Same Parties Dinesh Kumar vs The State ( Nct of Delhi) & Ors. Same Subject Media and Communication