Om Prakash v. State & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1730/2018 & CRL.M.A. 10918/2018 OM PRAKASH ..... Petitioner Through:

Mr. R.N. Dubey, Adv. with the petitioner in person versus STATE & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with ASI Mahender Singh, PS Nand Nagri, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.976/2014, under Sections 323/451/354 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2, present in the Court, as well as the learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force, pressure or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 27.2.2018.

3.

Respondent No.2 reiterated the aforesaid facts and submitted that she has settled the disputes with the petitioner and does not want to continue criminal proceedings against him. She further submitted

that she has no objection to the present 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. The IO also stated that the parties have no other criminal case pending against them.

5.

Learned counsel for the petitioner further submitted that in view of the settlement arrived at between the parties, another FIR between the parties bearing No.975/2014, under Sections 323/341/354-A/354D/506/509/34 of the IPC, registered at Police Station Nand Nagri, Delhi stands quashed by a Co-ordinate Bench of this Court. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as taking into consideration the age of the petitioner and his socio-economic background, this Court deems it proper to give the petitioner a chance to reform and reintegrate into the society as a productive member. Accordingly, in the interest of justice, FIR No.976/2014, under Sections 323/451/354 of the IPC, registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in above terms. Pending application also stands disposed of.

CHANDER SHEKHAR, J APRIL 12, 2019/rk