Dv Srinivasa Rao v. State & ANR

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2356/2019 DV SRINIVASA RAO ..... Petitioner Through:

Ms. Neha Kapoor, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Sanjay Kumar, PS:S.J.

Enclave, Delhi Ms. Mahima Sinha, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.08.2019 CRL.M.A._______/2019(to be numbered) In view of the cause submitted, the application is allowed. Amended petition is taken on record. CRL.M.A.9375/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 2356/2019 1.

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

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.836/2015, under Section 354D of the Indian Penal

Code, 1860 ('IPC'), registered at P.S.: S.J. Enclave, Delhi and the proceedings emanating therefrom.

3.

The petitioner and respondent No.2 as well as learned counsel for the respective parties submitted that the parties have settled their disputes. To this effect, the certified copy of the order of the Trial Court, dated 26.5.2017, annexure A-4, is placed on record. The certified copy of the statement of the respective parties recorded before the Trial Court on 26.5.2017, annexure A-5, is also placed on record.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology and the matter stands settled, 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 petitioner as well as respondent No.2 and has also verified the settlement. The IO also stated that no other criminal case is pending against the petitioner. 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 to not indulge in such activities again. 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.836/2015, under Sections 354D of the IPC, registered at P.S.: S.J. Enclave, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 07, 2019 tp