Amit Kumar v. State & ANR.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3819/2019 & Crl.M.As.32737/2019 & 36552/2019 AMIT KUMAR ..... Petitioner Through Md. Mustafa, Adv. with the petitioner in person versus STATE & ANR.

.... Respondents Through Mr. Mukesh Kumar, APP with SI Lalbahadur and SI Ashok Kumar Ms. Rajni, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.10.2019 CRL.M.A. 32737/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

Crl.M.A.36552/2019 In view of the cause submitted in the application, the amended petition is taken on record. Application stands disposed of. CRL.M.C. 3819/2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as learned counsel for the respondent No.2.

3.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.946/2015, under Sections 341/506/59 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sagarpur, Delhi and the proceedings emanating therefrom.

4.

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

5.

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. 6.

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.

7.

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. 8.

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 aforesaid facts and the remorseful attitude of the petitioner, this Court is 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.946/2015, under Sections 341/506/59 of the IPC, registered at P.S.: Sagarpur, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.15,000/- to be deposited by the petitioner in the Prime Minister's National Relief Fund within 14 days and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt 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. 9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 01, 2019/rk