Prashant Kumar v. State & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1358/2019 PRASHANT KUMAR ..... Petitioner Through:

Mr. R.M. Bhargav, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Amit Prakash, PS:Amar Colony, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.10.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.540/2013, under Sections 467/468/471/474/381/419 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Amar Colony, 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 before the Delhi Mediation Centre, Saket Courts, Delhi on 15.9.2017.

3.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology to them in the Court today and has assured that he shall not indulge in such

activities in future, they have now forgiven him and they have 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.15,000/- for some social beneficial cause in any trust or association.

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, 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 in future. 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. 540/2013, under Sections 467/468/471/474/381/419 of the IPC, registered at P.S.:Amar Colony, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.15,000/- within two weeks by the petitioner, out of which Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust,

Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the and Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 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. 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 OCTOBER 16, 2019 tp