Harisimran Singh Sandhu v. State Of NCT Of Delhi & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1131/2019 HARISIMRAN SINGH SANDHU ..... Petitioner Through:

Mr. Riju Raj Jamwal & Mr.

Mohit Yadav, Advocates versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Satish Kumar, PS:Connaught Place, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.05.2019 CRL.M.A4431/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1131/2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.94/2018, under Sections 448/506/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Connaught Place, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent Nos.2 and 3 submitted that the parties have settled their disputes on their own free will, without any force or coercion

vide Settlement Agreement dated 23.1.2019.

3.

Respondent Nos.2 and 3, 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.

4.

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.

5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioner as well as respondent Nos.2 and 3 and has also verified the settlement.

6.

In view of the aforesaid circumstances and 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 in future and not indulge in such activities again. 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. 94/2018, under Sections 448/506/34 of the IPC, registered at P.S.: Connaught Place, Delhi and the proceedings emanating therefrom are quashed, subject to the deposit of a sum of

Rs.40,000/- within two weeks by the petitioner, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.10,000/- in the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.10,000/- in the Delhi High Court Advocates‟ Welfare Trust and Rs.10,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and receipts of the deposits be filed in the Registry within three weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within three weeks. 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 MAY 27, 2019 tp