Vijay Kumar Malhotra v. State (Gnctd) & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4467/2018 VIJAY KUMAR MALHOTRA ..... Petitioner Through:

Mr. Akhil Mittal, Advocate versus STATE (GNCTD) & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Vikram Singh, PS:Rajouri Garden, Delhi Ms. Affifa Atiq & Mr. Vineet Mishra, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.07.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0155/2018, under Sections 380/448/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Rajouri Garden, Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise Deed dated 5.11.2016.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, he has no objection to the petition being allowed and

the FIR being quashed.

4.

Learned counsel for the petitioner submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper. Learned counsel for the petitioner further submitted that the petitioner is willing to deposit a sum of Rs.40,000/- for some social cause with any charitable 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.

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 not indulge in such activities again in future. 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. 0155/2018, under Sections 380/448/34 of the IPC, registered at P.S.:Rajouri Garden, Delhi is quashed, subject to deposit of a sum of Rs.40,000/- within two weeks by the petitioner, out of which Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.10,000/- in the Delhi High Court Advocates' Welfare Trust

and Rs.10,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and Rs.10,000/- in the Army Welfare Fund Battle Casualties, Syndicate Bank, South Block, Defence Headquarters, New Delhi-110011, IFSC Code : SYNB0009055, Account No.90552010165915 and 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 three 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 JULY 31, 2019 tp