Manoj @ Montu v. The State Of Delhi & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1289/2018 MANOJ @ MONTU ..... Petitioner Through:

Ms. Sumita Karir, Advocate versus THE STATE OF DELHI & ANR .... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Shambu Singh, PS:Jaitpur, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.03.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.545/2014, under Sections 323/354/452/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Jaitpur, 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 (MoU) dated 21.2.2018.

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. 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. 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.545/2014, under Sections 323/354/452/506 of the IPC, registered at P.S.:Jaitpur, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.

10,000/- within two weeks by the petitioner, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts 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.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 26, 2019 tp