Tarun Mathur v. State (NCT Of Delhi) & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4589/2018 TARUN MATHUR ..... Petitioner Through:

Ms. Ruchika Sharma, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Shashi Kant, PS:Seemapuri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.161/2005, under Sections 325/326/341 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Seema Puri, 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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 3.8.2018, in terms whereof petitioner No.1 had agreed to pay Rs.1,00,000/- to the respondent No.2.

3.

It is further submitted that out of Rs.1,00,000/-, an amount of Rs.50,000/- has already been paid to respondent No.2.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioner pays the balance amount of Rs.50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioner submitted that the petitioner has brought a demand draft bearing No.610791, dated 9.8.2019, drawn on State Bank of India, for an amount of Rs.50,000/-, which has been handed over to the respondent No.2 today in the Court.

6.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause and deposit the same in any trust or association.

7.

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.

8.

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 to not indulge in such activities again. Taking into consideration the aforesaid facts and 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.161/2005, under Sections 325/326/341 of the IPC, registered at P.S.: Seema Puri, 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.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 and Rs.5,000/- in the Delhi High Court Staff 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.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 16, 2019 tp