Deepak v. State & ORS.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6423/2018 DEEPAK ..... Petitioner Through:

Mr. J.S. Dagar, Advocate.

versus STATE & ORS.

..... Respondents Through:

Mr. Raghuvinder Verma, APP for the State with ASI Anita Nagar, PS Nagaf Garh.

Respondent Nos.2 and 3 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.09.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.400/2016, under Section 354-D/506/509 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nagaf Garh, Delhi and the proceedings emanating therefrom.

2.

The petitioner and his counsel as well as respondent Nos.2 & 3 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Understanding dated 02.11.2018.

3.

Respondent Nos.2 and 3, 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 have no objection to the petition being allowed and the FIR being quashed. Affidavits of respondent Nos.2 and 3 in this regard are already on record.

4.

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 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 Nos.2 and 3 and has also verified the settlement. IO also stated 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 socioeconomic 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 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.400/2016, under Section 354-D/506/509 of the IPC, registered at P.S.: Nagaf Garh, Delhi and the proceedings emanating therefrom are quashed, subject to costs of Rs.10,000/- to be deposited by the petitioner within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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. 7.

The petition is disposed of in the above terms. CHANDER SHEKHAR, J.

SEPTEMBER 05, 2019 'AA'