Yasar Ali@Hunny v. State & ANR

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4600/2019 YASAR ALI@HUNNY ..... Petitioner Through:

Mr. Himal Akhtar, Ms. Aleena Khan & Mohd.

Javed, Advocates versus STATE & ANR ..... Respondents Through:

Ms. Aashaa Tiwari, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.10.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.102/2017, under Section 324 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Bara Hindu Rao, 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 vide Memorandum of Understanding dated 3.9.2019.

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 him in the Court today and has assured that he shall not indulge in such activities again in future, he has now forgiven him and he has no objection to the

petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioner further 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.

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 submitted 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 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. 102/2017, under Section 324 of the IPC, registered at P.S.:Bara Hindu Rao, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.15,000/- within two weeks by the petitioner, which shall be deposited in the Prime Minister Relief Fund and the receipt of the deposit be filed in the Registry within two weeks. Copy of the receipt shall

also be handed over to the APP through the I.O. within two weeks. 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 OCTOBER 22, 2019 tp