Abhishek Verma v. State & ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4968/2019& Crl.M.A.37216/2019 ABHISHEK VERMA ..... Petitioner Through Mr. Sudhir Naagar, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through Mr. Raghuvinder Verma, APP with IO in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.09.2019 CRL.M.A. 37216/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4968/2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for the respondent No.2. 3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0234/2018, under Sections 384/385/411 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Mayur Vihar Phase-I, Delhi and the proceedings emanating therefrom.

4.

The petitioner and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Deed dated 26.9.2019.

5.

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

6.

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.

7.

Learned counsel for the petitioner 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. 8.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioner, I deem it appropriate to give the petitioner 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. Taking into consideration the aforesaid facts and the remorseful attitude of the petitioner, 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.0234/2018, under Sections 384/385/411 of the IPC, registered at P.S.: Mayur Vihar

Phase-I, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.25,000/- to be paid by the petitioner within 14 days, 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 deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within 21 days. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 30, 2019/rk