Mahaveer Singh v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 859/2019 MAHAVEER SINGH ..... Petitioner Through:

Mr. Shailender Kumar Singh & Mr. Mukul Gautam, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Shamsher Singh, PS:Jaitpur, Delhi Mrs. Anju Thomas, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0072/2018, under Section 379 of the Indian Penal Code, 1860 (IPC) and Section 135 of the Indian Electricity Act, 2003 (Act), registered at P.S.: Jaitpur, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Special Lok Adalat, Delhi State Legal Services Authority on 10.2.2018 and 11.2.2018.

3.

Learned counsel for the petitioner submitted that the petitioner has deposited a sum of Rs.2,00,000/- and a No-

Objection Certificate (NOC) has been issued by the respondent No.2, copy whereof is placed at page number 35 of the petition. Learned counsel for respondent No.2 submitted that since the petitioner has deposited the sum of Rs.2,00,000/-, respondent No.2 has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioner submitted that the petitioners are ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause and deposit the same in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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. 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. 0072/2018, under Section 379 of the IPC and Section 135 of the Act, registered at P.S.: Jaitpur, Delhi and the proceedings emanating therefrom are quashed, subject to costs of

Rs.20,000/- to be paid by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- 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. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 03, 2019 tp