Sh. Rakesh Kumar v. State & ANR.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6095/2018 & Crl.M.A. 48608/2018 SH. RAKESH KUMAR ..... Petitioner Through:

Ms. Apurva Nagpal, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Amit Dutt, PS:Lajpat Nagar, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.03.2019 1.

Status report filed.

2.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.345/2009, under Sections 507/509 of the Indian Penal Code, 1860 ('IPC') read with Section 67 of the Information Technology Act, 2000, registered at P.S.: Lajpat Nagar, Delhi and the proceedings emanating therefrom.

3.

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. 4.

Respondent No.2, who is present in Court along with her brother, has reiterated the aforesaid facts and submitted that since the petitioner has tendered unconditional apology to her and has assured that he shall not indulge in such activities in

future, she has now forgiven him and she has no objection to the petition being allowed and the FIR being quashed. 4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2. The IO has also stated that the petitioner is having no criminal case pending against him, except the present FIR.

5.

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. 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.345/2009, under Sections 507/509 of the IPC, read with Section 67 of the IT Act, registered at P.S.: Lajpat Nagar, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within ten days by the petitioner, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.

5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 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 two weeks.

move an application for passing appropriate orders. 6.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J MARCH 20, 2019 tp