Monu Kumar & ANR v. State Of NCT Of Delhi & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2195/2019 & CRL.M.A.8781/2019 MONU KUMAR & ANR ..... Petitioners Through:

Mr. Manoj Kumar Sharma, Advocate versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP with SI Dinesh Kumar, PS:Jyoti Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.10.2019 CRL.M.A.8780/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C.2195/2019 & CRL.M.A.8781/2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by respondent No.2, who is present in Court. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.742/2015, under Section 323/354A/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.:Jyoti Nagar, Delhi and the proceedings emanating therefrom. 3.

The petitioners and their 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 Settlement Deed, attested on 20.4.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to her in the Court today and have assured that they shall not indulge in such activities again in future, she has now forgiven them and she has no objection to the petition being allowed and the FIR being quashed. 5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement. The IO also submitted that no other criminal case is pending against the petitioners. 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 petitioners, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again in future. Taking into consideration the remorseful attitude of the petitioners, 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.742/2015, under Section 323/354A/34 of the IPC, registered at P.S.:Jyoti Nagar, Delhi and all the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J OCTOBER 23, 2019 tp