Sunil v. State & ORS.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 651/2019 SUNIL ..... Petitioner Through:

Mr. G. Ahlawat, Advocate versus STATE & ORS.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Ramesh, PS:BHD Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 06.02.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.73/2016, under Sections 452/506/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Baba Haridass Nagar, 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 Memorandum of Understanding ('MoU') dated 17.12.2018 and the parties have no grievance against each other. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioner has shifted from the locality and even otherwise has tendered unconditional apology and undertook not to indulge in any such

activity in the future, she 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 MoU.

5.

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 a chance to the petitioner to reform and reintegrate into the society as 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. 73/2016, under Sections 452/506/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Baba Haridass Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.15,000/- within 10 days by the petitioner, out of which Rs.5,000/- be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.

5,000/- with the Prime Minister's National Relief Fund and Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 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.

sum, the prosecution shall be entitled to move an application for passing appropriate orders.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 06, 2019 tp