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High Court of DelhiCRL.M.C./1178/2019

Parikshit Yadav @ Parikshit Anand v. State & ANR.

2019-04-03Hon'Ble Mr. Justice Chander Shekhar3 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1178/2019 & CRL.M.A. 4581/2019 PARIKSHIT YADAV @ PARIKSHIT ANAND ... Petitioner Through:

Mr. Kartik Khanna, Mr. Lovish Sharma and Mr. Kailash Nath, Advs. with the petitioner in person versus STATE & ANR.

... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Madan Mohan, PS Ranhola, Delhi Mr. Vipin Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.61/2016 under Sections 308/354-A/354-D/506 of the Indian Penal Code, 1860 (IPC), registered at Police Station Ranhola, New Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2, present in the Court, as well as the learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force, pressure or coercion and have entered into a Settlement/Compromise Deed dated 18.1.2019.

3.

Respondent No.2 reiterated the aforesaid facts and submitted that the petitioner has tendered unconditional apology to her and she has forgiven him and does not want to remain entangled in the criminal proceedings. She further submitted that she has no objection to the petition being allowed and the FIR being quashed. 4.

The petitioner has also tendered unconditional apology to the respondent No.2 in the Court today. Learned counsel for the petitioner submitted that taking into consideration the young age of the petitioner, the present petition may be allowed subject to any condition whichever this Court may deem appropriate. 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 settlement arrived at between the parties. 5.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as taking into consideration the age of the petitioner and his socio-economic background, this Court deems it proper to give the petitioner a chance to reform and reintegrate into the society as a productive member. Accordingly, in the interest of justice, FIR No.61/2016 under Sections 308/354-A/354D/506 of the IPC, registered at Police Station Ranhola, New Delhi and all the consequential proceedings arising out of the FIR are quashed subject to cost of Rs.25,000/- to be paid by the petitioner within 14 days, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820,

Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- 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.

6.

Petition is disposed of in above terms. Pending application also stands disposed of.

CHANDER SHEKHAR, J APRIL 03, 2019/rk