Sudhir Parmar v. State & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2179/2019 & Crl.M.A.8704/2019 SUDHIR PARMAR ..... Petitioner Through:

Mr. Anil Sharma, Advocate versus STATE & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Dharamveer, PS:Bindapur, Delhi Ms. Shruti Jain, Advocate for the complainant

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.09.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.311/2013, under Sections 354A/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Bindapur, Delhi and the proceedings emanating therefrom.

4.

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 before the Mediation Centre, Dwarka Courts, Delhi on 28.3.2019.

5.

Respondent No.2, who is present in Court, 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.

6.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause and deposit the same in any trust or association.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner and respondent No.2 and has also verified the settlement. The IO also submitted that no other case is pending against the petitioner.

8.

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.311/2013, under Sections 354A/506 of the IPC, registered at P.S.: Bindapur, Delhi and the proceedings emanating therefrom are quashed, subject to cost

of Rs.20,000/- to be deposited by the petitioner within two weeks, out of which Rs.10,000/- be deposited with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- with the Prime Minister Relief Fund 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.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 20, 2019 tp