Ghanish @ Gogu v. The State & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2747/2019 GHANISH @ GOGU ..... Petitioner Through Mr. Mahesh Kumar Gautam, Adv. with the petitioner in person versus THE STATE & ANR .... Respondents Through Mr. Ashok Kumar Garg, APP with SI Yogendra Kumar R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 21.11.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.395/2015, under Sections 451/354/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Khyala, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 as well as learned counsel for the petitioner submitted that the parties have amicably settled their disputes inter se themselves on their own free will, without any force or coercion.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology to her and has assured that he shall not indulge in such activities in future, she has now forgiven him and has no

objection to the petition being allowed and the FIR being quashed. 4.

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.

5.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, career and socio-economic background of the petitioner, I deem it appropriate to give the petitioner 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.395/2015, under Sections 451/354/509 of the IPC, registered at P.S.: Khyala, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

15,000/- to be paid by the petitioner within 14 days, out of which, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.

21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within one week thereafter. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 21, 2019/rk