Charan Prabhakar Shetty v. State & ORS.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6632/2018 CHARAN PRABHAKAR SHETTY ..... Petitioner Through:

Mr. Ajay Awasthi and Mr.

Kanishk Rana, Advs. with the petitioner in person versus STATE & ORS.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Sumer Singh, PS New Friends Colony, New Delhi Respondent Nos.2 and 3 with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.05.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.15/2017, under Sections 420/406 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: New Friends Colony, New Delhi and the proceedings emanating therefrom.

2.

The petitioner and respondent Nos.2 and 3 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Settlement Agreement dated 14.3.2017 as is also evident from the order dated 6.4.2017 passed by the Additional Sessions Judge, District South East Saket, New Delhi.

3.

Learned counsel for the petitioner submitted that the petitioner is willing to deposit Rs.1 lac for social cause in some trust or with any social organisation.

4.

Respondent Nos.2 & 3, who are present in Court, have reiterated the aforesaid facts and submitted that the petitioner has paid the entire amount and now nothing is due from the petitioner. Respondent Nos.2 & 3 further submitted that 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 the settlement.

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 the petitioner 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 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. 15/2017, under Sections 420/406 of the IPC, registered at P.S.: New Friends Colony, New Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.1 lac to be paid by the petitioner within 14 days, out of which Rs.25,000/- be deposited in the Bharat Ke Veer Corpus Fund,

Rs.25,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.25,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.25,000/- 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.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 03, 2019/rk