Gagan Preet Singh @ Johny v. The State & ANR

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 343/2019 GAGAN PREET SINGH @ JOHNY ..... Petitioner Through:

Mr. Ashwani Kumar Sharma & Mr. Manoj Kumar Tyagi, Advocates versus THE STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Basudha Sharma

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.02.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1025/2014, under Sections 323/325/341/427/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom. 2.

The petitioner and his counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement Deed dated 20.11.2018, in terms whereof the petitioner shall not use any foul language as well as defamatory words/language against the respondent No.2.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, he has no objection to the petition being allowed and the FIR being quashed 4.

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

5.

In view of the aforesaid circumstances and the settlement arrived at between the parties and taking into consideration the young age and socio-economic background of the petitioner, I deem it appropriate to give a chance to the petitioner to reform and reintegrate into the society as a productive member. This Court is also 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. 1025/2014, under Sections 323/325/341/427/506/34 of the IPC, registered at P.S.: Vikaspuri, Delhi and the proceedings emanating therefrom are quashed, subject to the deposit of a sum of Rs.20,000/- within ten days by the petitioner, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the

APP through the I.O. within two weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 6.

Petition is disposed of in above terms.

Dasti.

CHANDER SHEKHAR, J FEBRUARY 22, 2019 tp