Rajan Thakur v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1052/2019 & CRL.M.As.4212-14/2019 RAJAN THAKUR ..... Petitioner Through:

Mr. Sanjay Shah and Mr.

Sanyam, Advs. with the petitioner in person versus STATE & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with IO in person Mr. Sachin Bansal, proxy counsel for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.04.2019 CRL.M.A. 4213/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.A. 4214/2019 (for condonation of delay) In view of the cause submitted in the application, the delay in re-filing the petition is condoned. Application stands disposed of. CRL.M.C. 1052/2019 & CRL.M.A. 4212/2019 (for stay) 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.471/2016, under Sections 451/354-D/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Malviya Nagar, South Delhi and the proceedings emanating therefrom.

2.

Respondent No.2 has filed a fresh affidavit in terms of order dated 25.3.2019 and the same is taken on record. 3.

The petitioner and respondent No.2, present in the Court, as well as the learned counsel for the petitioner submitted that the parties have settled their disputes on their own free will, without any force, pressure or coercion vide a Settlement/Compromise Deed dated 17.11.2018.

4.

Respondent No.2 reiterated the aforesaid facts and submitted that the petitioner has tendered unconditional apology to her and she has forgiven him and does not want to remain entangled in the criminal proceedings. She further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

The petitioner has also tendered unconditional apology to the respondent No.2 in the Court today. Learned counsel for the petitioner submitted that taking into consideration the young age of the petitioner, the present petition may be allowed subject to any condition whichever this Court may deem appropriate. 6.

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 arrived at between the parties. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as taking into consideration the age of the petitioner and his socio-economic background, this Court deems it proper to give the petitioner a chance to reform and reintegrate into the society as a productive member. Accordingly, in

the interest of justice, FIR No. 471/2016, under Sections 451/354D/506 of the IPC, registered at P.S.: Malviya Nagar, South 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.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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.

8.

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

CHANDER SHEKHAR, J APRIL 08, 2019/rk