Prasoon @ Parsoon Mishra v. State & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5687/2019 PRASOON @ PARSOON MISHRA ..... Petitioner Through:

Mr. B.K. Dwivedi & Mr.

Vishal Mani, Advocates versus STATE & ANR.

..... Respondents Through:

Ms. Aashaa Tiwari, APP with SI Sohan Lal, PS:Mehrauli, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.11.2019 Crl.M.A.39845/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C.5687/2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by respondent No.2, who is present in Court. 2.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1425/2016, under Sections 354/354D/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Mehrauli, Delhi and the proceedings emanating therefrom.

3.

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, as is evident from the proceedings dated 27.3.2019 before the learned Metropolitan Magistrate, Mahila Court (south District), Saket, Delhi.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology to her and has assured that he shall not indulge in such activities again in future, she has now forgiven him and she has no objection to the petition being allowed and the FIR being quashed.

5.

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.

6.

Learned counsel for the petitioner further submitted that the petitioner is ready and willing to contribute a sum of Rs.25,000/- for some social beneficial cause in any trust or association.

7.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio-economic background of the petitioner, I deem it appropriate to give him a chance to reform and reintegrate into the society as a productive member. The petitioner is warned to be careful in future and to not indulge in such activities again in future. Taking into consideration the remorseful attitude of the petitioner, 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. 1425/2016, under Sections 354/354D/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Mehrauli, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of Rs.25,000/-, to be deposited by the petitioner within two weeks, out of which Rs.10,000/- be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposit 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 seven 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 NOVEMBER 07, 2019 tp