Shantanu Vadera v. State & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2331/2019 SHANTANU VADERA ..... Petitioner Through:

Mr. Sourabh Luthra, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP Mr. Anil Kumar, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.10.2019 1.

Status report filed.

2.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.345/2018, under Section 308 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: South Rohini, Delhi and the proceedings emanating therefrom.

3.

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 vide Settlement dated 23.4.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, he has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.25,000/- for some social beneficial cause and deposit the same in any trust or association.

6.

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.

7.

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.345/2018, under Section 308 of the IPC, registered at P.S.: South Rohini, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.25,000/- to be deposited by the petitioner within two weeks, out of which Rs.5,000/- be deposited with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- with the Delhi High Court

Advocates‟ Welfare Trust, Rs.5,000/- with the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court, Rs.5,000/- with Bharat Ke Veer Corpus Fund and Rs.5,000/- with the Army Welfare Fund Battle Casualties, Syndicate Bank, South Block, Defence Headquarters, New Delhi-110011, IFSC Code: SYNB0009055, Account No.90552010165915 and receipts of the deposits be filed in the Registry within four weeks. 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.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 09, 2019 tp