Ankush Trivedi v. State & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5696/2018 ANKUSH TRIVEDI ..... Petitioner Through Mr. Neeraj Bhardwaj, Proxy Counsel for Mr. M.N. Dudeja, Advocate versus STATE & ANR.

..... Respondents Through Mr. Kamal Kishore Ghai, APP Ms. Anita Diwedi, Advocate for Respondent nos. 2 and 3

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.12.2018 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 358/2014, under Sections 354A/354/384/506 of the Indian Penal Code, 1860 („IPC‟) (Charge framed u/S 354A/354B/384/506 of the IPC), registered at PS: Welcome Colony, Delhi and the proceedings emanating therefrom. 2.

Status report is filed. It is stated in the report that no other case is pending between the parties or against the petitioner.

3.

The petitioner who is present alongwith his mother as

well as respondents No.2 and 3 alongwith their brother submitted that they have settled their disputes vide Compromise Deed dated 30.06.2014 on their own will, without any force or coercion, with the intervention of respectable members of the society and some common friends. The petitioner as well as respondent Nos.2 and 3 further submitted that no claim or grievance or dispute is subsisting between them and they are living peacefully and assure the Court that in future also, they will live peacefully.

4.

Respondent Nos.2 and 3 submitted that the petitioner has tendered unconditional apology to them and their family members. The respondent Nos.2 and 3 further submitted that in view of the settlement arrived at between the parties, they have 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 Nos.2 and 3 and has also verified about the Compromise.

6.

In view of the aforesaid circumstances and the Settlement arrived at between the parties, this Court is 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. 358/2014, under Sections 354A/354/384/506 of the IPC (charge framed u/S 354A/354B/384/506 of the IPC), registered at PS: Welcome

Colony, Delhi and the proceedings emanating therefrom are quashed, subject to the petitioner depositing Rs.10,000/- with Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 within one week and a receipt of the same be filed in the Registry of this Court within ten days thereafter, and a copy of the said receipt shall also be handed over to the learned APP through the IO. 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 the above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J DECEMBER 12, 2018 savita