Vikas Ahlawat v. State & ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 53/2019 VIKAS AHLAWAT ..... Petitioner Through:

Mr. Aditya Jain, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Jsamer Singh, PS:Jahangir Puri, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.01.2019 CRL.M.A. 274/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 53/2019 1.

The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.509/2014, under Sections 509/354A of the Indian Penal Code, 1860, registered at PS:Jahangir Puri, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Rohini District

Courts, Delhi, vide Settlement/Agreement dated 13.11.2018. It is further submitted that the parties are neighbours and have stood by each other in thick and thin and that they have deep roots in the society and want to continue to maintain harmonious relationship for all times to come. 3.

The petitioner, who is present in Court, tenders apology for his act and submitted that he shall live as a good citizen and would not indulge in any criminal activity.

4.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified about the said Settlement.

5.

Respondent No.2 further submitted that in view of the apology tendered by the petitioner in Court today, she has no objection to the petition being allowed and the FIR being quashed.

6.

I am of the view that a chance of reformation should be given to the petitioner and allow him to reintegrate into the society and live as a good citizen.

7.

In view of the aforesaid circumstances, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.509/2014, under Sections 509/354A of the Indian Penal Code, 1860, registered at PS:Jahangir Puri, Delhi and the proceedings emanating therefrom are quashed, subject to the condition that the

petitioner shall deposit, within ten days, a sum of Rs.5,000/- with Delhi High Court Advocates‟ Welfare Trust and Rs.5,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and a receipt of the said deposit be filed in the Registry within 3 weeks and a copy of the said receipt shall also be handed over to the APP through the I.O. within 3 weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 09, 2019 tp