Shri Arun Kapoor v. State & ORS

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 217/2018 SHRI ARUN KAPOOR ..... Petitioner Through:

Mr. Yashir Sethi, Advocate versus STATE & ORS ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with ASI Ram Lakhan, PS:Roop Nagar, Delhi Ms. Meena Chaudhary Sharma, Advocate for respondent Nos.2 to 4

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.108/2013, under Sections 452/342/323/506/509 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.:Roop Nagar, Delhi and the proceedings emanating therefrom. 2.

Learned counsel for the parties submitted that it is a family dispute between the close relatives.

3.

The petitioner and respondent Nos.2 to 4 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion with the intervention of common relatives and well-wishers vide Settlement Deed dated 4.1.2018.

4.

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

5.

Learned counsel for the petitioner submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.

6.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent Nos.2 to 4 and has also verified the settlement.

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 and 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. 108/2013, under Sections 452/342/323/506/509 of the IPC, registered at P.S.:Roop Nagar, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within two weeks by the petitioner, out of which

Rs.2,500/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.2,500/- in the Delhi High Court Advocates‟ Welfare Trust, Rs.2,500/- in the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.2,500/ in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and the 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.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 16, 2019 tp