Rakesh v. State (NCT Of Delhi) & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5056/2018 RAKESH ..... Petitioner Through Mr. S.K. Rai, Adv. with the petitioner in person versus STATE (NCT OF DELHI) & ORS .... Respondents Through Mr. Raghuvinder Verma, APP with SI Hemant R-2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.12.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.88/2013, under Sections 323/354-A/451 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vasant Kunj (North), Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent Nos.2, 3 and 4 as well as learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Compromise Deed dated 18.7.2016 which was notarised on 30.7.2018.

3.

Respondent Nos.2,3 and 4, who are present in Court, have reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology to them and has assured that he

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

4.

The petitioner also tendered unconditional apology to the respondent Nos.2, 3 and 4 in the Court today. 5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent Nos.2, 3 and 4 and has also verified the settlement.

6.

Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause in any trust or association. 7.

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 not to 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.88/2013, under Sections 323/354-A/451 of the IPC, registered at P.S.: Vasant Kunj (North), Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.10,000/- by the petitioner within 14 days in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC

Code:UCBA0001820 and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt shall also be handed over to the APP through the I.O. within one week thereafter. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 17, 2019/rk