← Library
High Court of DelhiCRL.M.C./2799/2019

Subhash Chand Bhatia v. State (NCT Of Delhi) & ANR

2019-05-24Hon'Ble Mr. Justice Chander Shekhar2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2799/2019 SUBHASH CHAND BHATIA ..... Petitioner Through:

Mr. Sunil Khanna, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Naveen Kumar, PS:DIU/North, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.439/2004, under Sections 380/420 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Lahori Gate, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his 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. An affidavit in this regard has been filed by respondent No.2 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioner, who is his younger brother, has tendered unconditional apology to him and has assured that he shall not indulge in such activities in future, he has now forgiven him and he 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 arrived at between the parties. 5.

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 not indulge in such activities again 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. 439/2004, under Sections 380/420 of the IPC, registered at P.S.:Lahori Gate, Delhi and all the proceedings emanating therefrom are quashed 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 24, 2019 tp