Rajesh Seth v. State & ANR
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5187/2018 & CRL.M.A.33970/2018 RAJESH SETH ..... Petitioner Through:
Mr.
Nishant Shokeen, Advocate versus STATE & ANR ..... Respondents Through:
Mr. Raghuvinder Verma, APP with SI Sanjeev, PS: Vasant Kunj (North), Delhi.
Mr.
Manoj Ranjan Sinha, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 14.11.2019 1.
The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.450/2003, under Sections 406/420/468/471 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vasant Kunj, 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 Settlement Agreement dated 20.4.2018.
3.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, as he has received the amount of Rs.1,25,000/- as per
the settlement and now nothing is due and payable to him from the petitioner, he has no objection to the petition being allowed and the FIR being quashed.
4.
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 and deposit the same in any 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. The IO also submitted that no other criminal case is pending against the petitioner. 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 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.450/2003, under Sections 406/420/468/471 of the IPC, registered at P.S.: Vasant Kunj, 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 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.5,000/- in the Prime Minister's National Relief Fund 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 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.
7.
Petition is disposed of in above terms. Pending application is also disposed of.
CHANDER SHEKHAR, J NOVEMBER 14, 2019 tp