Ashish Dewan v. State ( NCT Of Delhi) & ANR

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1364/2019 ASHISH DEWAN ..... Petitioner Through:

Mr. Rajiv Narain, Advocate versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with ASI Rajendra Prasad, PS:Hari Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.142/2004, under Sections 420/468/471/506/120-B/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Hari 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, as is evident from the order dated 21.8.2018 before the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since nothing is due and payable to him from the petitioner and the matter stands settled, he has no objection to the petition being allowed and the FIR

being quashed.

4.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.1,00,000/- 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 petitioner as well as respondent No.2 and has also verified the settlement.

6.

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 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 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.142/2004, under Sections 420/468/471/506/120-B/34 of the IPC, registered at P.S.: Hari Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.1,00,000/- to be paid by the petitioner within four weeks, out of which Rs.25,000/- be deposited in the Prime Minister Relief Fund, Rs.25,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.25,000/- with

the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.25,000/- 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 17, 2019 tp