Amar Singh v. State & ANR.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1555/2019 & CRL.M.A. 6238/2019 AMAR SINGH ..... Petitioner Through Mr. Jaspreet Singh, Advocate with petitioner in pereson versus STATE & ANR.

..... Respondents Through Mr.Panna Lal Sharma, APP with SI Ashish Sharma, PS Welcome Mr.Sanjeev Kumar Sharma, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.231/2015, under Section 363 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Deed dated 30.1.2019.

3.

Respondent No.2, who is present in Court, has reiterated the

aforesaid facts and submitted that the petitioner has already paid a sum of Rs.5,000/- to him towards the full and final settlement amount and he has no objection to the petition being allowed and the FIR being quashed.

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.

5.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.7,000/- for some social beneficial cause in any trust or association. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, career and socio-economic background of the petitioner, I deem it appropriate to give the petitioner 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 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.231/2015, under Section 363 of the IPC, registered at P.S.: Welcome, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.7,000/- to be deposited by the petitioner in the Bharat Ke Veer Corpus Fund within 21 days and receipt of the deposit be filed in the Registry within 28 days. Copy of the receipt shall also be handed over to the APP through the I.O.

within 28 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. Pending application is also disposed of.

CHANDER SHEKHAR, J JULY 25, 2019/rk