Siddharth Gosain v. The State ( NCT Of Delhi) & ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 198/2019 SIDDHARTH GOSAIN ..... Petitioner Through:

Mr. S.C. Sagar, Advocate versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Abhishek Kumar, PS:Amar Colony, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.01.2019 CRL.M.A.850/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 198/2019 & CRL.M.A. 849/2019 1.

The petitioner has moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.524/2017, under Sections 354-D/506/509 of the Indian Penal Code, 1860, registered at PS:Amar Colony, New Delhi and the proceedings emanating therefrom. 2.

The petitioner and their counsel as well as respondent No.2 submitted that the parties have settled their disputes vide Compromise/Settlement dated 3.11.2018 on their own free will, without any force, pressure or coercion.

3.

Learned counsel for the petitioner submitted that the petitioner has filed an affidavit on record, tendering apology and undertaking that he shall not disturb the respondent No.2, directly or indirectly, in any manner.

4.

The petitioner, who is present in Court along with his father, has tendered unconditional apology to the respondent No.2 as well as this Court and submitted that taking into consideration his age, he may be given a chance to improve himself and reintegrate into the society as a good citizen and he will not indulge in any criminal activity in future and the petition may be allowed and the FIR may be quashed. 5.

Respondent No.2, who is present in Court, submitted that the matter has been settled on her own free will, without any force, pressure or coercion. Respondent No.2 further submitted that in view of the settlement arrived at between the parties, the unconditional apology tendered by the petitioner and the fact that the present proceedings are diverting her attention and she is not able to concentrate on her studies, a chance may be given to the petitioner to improve himself and reintegrate into the society as a good citizen. She also submitted that she has no objection to the petition being allowed and the quashing of the FIR.

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.

Taking into consideration the aforesaid facts and the age of the petitioner and the respondent No.2 and their future, I deem it appropriate to give the petitioner a chance to improve himself and reintegrate into the society as its productive member.

8.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the fact that the petitioner has tendered unconditional apology to respondent No.2, 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. 524/2017, under Sections 354-D/506/509 of the Indian Penal Code, 1860, registered at PS:Amar Colony, New Delhi and the proceedings emanating therefrom are quashed. 9.

Petition is disposed of in above terms. Crl.M.A.849/2019 is also disposed of.

CHANDER SHEKHAR, J JANUARY 16, 2019 tp