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High Court of DelhiCRL.M.C./2742/2018

Anuj v. State (NCT Of Delhi)

2019-07-24Hon'Ble Mr. Justice Chander Shekhar3 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2742/2018 & CRL.M.A. 9775/2018 ANUJ ..... Petitioner Through Mr. Aashish George and Mr.

Nihit Dalmia, Advs. with the petitioner in person versus STATE (NCT OF DELHI) ..... Respondent Through Mr. Raghuvinder Verma, APP with SI Vivek Lamba, PS Vivek Vihar, Delhi R-2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0118/2017, under Sections 323/341/354-B of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent Nos.2 to 4 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion. 3.

Respondent Nos.2 to 4, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter stands settled, they have 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 Nos.2 to 4 and has also verified the settlement.

5.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.25,000/- for some social beneficial cause in any trust or association. 6.

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 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.0118/2017, under Sections 323/341/354-B of the IPC, registered at P.S.: Vivek Vihar, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

25,000/- to be paid by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Prime Minister's National Relief Fund and Rs.

Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts 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.

7.

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

CHANDER SHEKHAR, J JULY 24, 2019/rk