Ms. Gresha Malhotra & ANR. v. State & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2232/2019 & CRL.M.A.8915/2019 MS. GRESHA MALHOTRA ..... Petitioner Through:

Ms. Shubhra Mendiratta & Mr.

Rahul Mendiratta, Advocates versus STATE & ANR.

..... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Amit, PS: Prasad Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.08.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.57/2017, under Sections 279/338 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Prasad Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and her 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 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 15.1.2019, in terms whereof the petitioner had agreed to pay Rs.75,000/- to the respondent No.2.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that he has no objection to the

petition being allowed and the FIR being quashed in case the petitioner pays the amount of Rs.75,000/- to him, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.503271, dated 2.8.2019, drawn on ICICI Bank, for an amount of Rs.75,000/-, which has been handed over to the respondent No.2 today in the Court.

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 arrived at between the parties. 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 her a chance to reform and reintegrate into the society as a productive member. The petitioner is warned to be careful 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. 57/2017, under Sections 279/338 of the IPC, registered at P.S.: Prasad Nagar, Delhi and the proceedings emanating therefrom are quashed.

7.

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

CHANDER SHEKHAR, J AUGUST 05, 2019 tp