Punit Ojha v. The State & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1583/2019 PUNIT OJHA ..... Petitioner Through:

Mr. Vijendra Kumar, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Prabhakaran, PS:Dabri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.964/2015, under Sections 354/354D/506/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dabri, 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 vide Compromise Deed dated 20.1.2019.

3.

Respondent No.2, who is present in Court with her father, has reiterated the aforesaid facts and submitted that since the matter has been settled, she has 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 No.2 and has also verified the Settlement Deed.

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.964/2015, under Sections 354/354D/506/509 of the IPC, registered at P.S.: Dabri, Delhi and the proceedings emanating therefrom are quashed, subject to the deposit of a sum of Rs.

15,000/- within ten days by the petitioner, out of which Rs.5,000/- 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 and Rs.

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 MAY 14, 2019 tp