Praneet Ahluwalia v. State Of NCT Delhi &ANR

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2968/2018 & CRL.M.A.10489/2018 PRANEET AHLUWALIA ..... Petitioner Through:

Mr. Manish Arora, Adv. with the petitioner in person versus STATE OF NCT DELHI &ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Rajender Singh, PS Malviya Nagar, Delhi Mr. Vishal Sharma, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.04.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0383/2015, under Sections 336/427 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent No.2 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 before the Mediation Centre, Saket Courts, New Delhi on 21.5.2018. 3.

Learned counsel for the petitioner submitted that the petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.

4.

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 and has assured that he shall not indulge in such activities in future, he has now forgiven him and has no objection to the petition being allowed and the FIR being quashed. 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.

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. 0383/2015, under Sections 336/427 of the IPC, registered at P.S.: Malviya Nagar, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

20,000/- to be paid by the petitioner within 14 days, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.

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 APRIL 29, 2019/rk