Aditya Bhutani v. State & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1864/2019 & CRL.M.A.7439/2019 ADITYA BHUTANI ..... Petitioner Through:

Counsel (name not given) versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Sandeep Kumar, PS:Kalkaji, Delhi Ms. Priyansha Indra Sharma, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.10.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.360/2017, under Section 379 of the Indian Penal Code, 1860 (IPC) and Section 135 of the Electricity Act, 2003 (Act), registered at P.S.: Kalkaji, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion on 10.12.2017 before the Special Lok Adalat, organised by Delhi Legal Services Authority on 9.12.2017 and 10.12.2017. 3.

Learned counsel for respondent No.2 has reiterated the aforesaid facts and submitted that since the petitioner has

deposited the due amount and a No-Objection Certificate has been issued on 16.1.2018, she 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.40,000/- for some social beneficial cause in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner 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. 360/2017, under Section 379 of the IPC and Section 135 of the Act, registered at P.S.: Kalkaji, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.40,000/- within two weeks by the petitioner, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.10,000/- in the Delhi High Court Advocates' Welfare

Trust, Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- 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. Pending application is also disposed of.

CHANDER SHEKHAR, J OCTOBER 11, 2019 tp