Quashed

Abhay Kumar v. State (Nct of Delhi) & Anr.

Delhi HC2 Dec 2019CRL.M.C./5006/2018

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR registered under Section 482 CrPC for offences under IPC Sections 354, 506, and 509. The High Court, noting an amicable settlement, apologies, and a deposit of Rs.15,000 for social causes, quashed the FIR and proceedings.

What did the court decide?

FIR No.258/2015 and emanating proceedings quashed subject to deposit of Rs.15,000 in designated funds within 14 days.

Abhay Kumar Vs State (Nct of Delhi) & Anr. — Quashing and FIR | Delhi HC (2019)

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5006/2018 & Crl.M.A.39352/2019

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ABHAY KUMAR ..... Petitioner

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Through Mr. Narendra Kumar, Adv. with the petitioner in person

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versus

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STATE (NCT OF DELHI) & ANR .... Respondents Through Mr. Raghuvinder Verma, APP with SI Arvind Mr. A.K.Bhardwaj, Adv. for R-2 with R-2 in person

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CORAM:

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HON'BLE MR. JUSTICE CHANDER SHEKHAR

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O R D E R % 02.12.2019

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CRL.M.A. 39352/2019 (for condonation of delay)

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In view of the cause submitted in the application, the delay in filing the affidavit on behalf of respondent No.2 is condoned. Affidavit of respondent No.2 is taken on record. Application stands disposed of.

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CRL.M.C. 5006/2018

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The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.258/2015, under Sections 354/506/509 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Mansarovar Park, New Delhi and the proceedings emanating therefrom.

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The petitioner and respondent No.2 as well as learned counsel

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for the parties submitted that the parties have amicably settled their disputes inter se themselves on their own free will, without any force or coercion. Respondent No.2 has also filed an affidavit on record in this regard.

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Respondent No.2 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 has no objection to the petition being allowed and the FIR being quashed.

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Learned counsel for the petitioner submitted that the petitioner is ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association.

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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.

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In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, career and socio-economic 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.258/2015, under Sections 354/506/509 of

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the IPC, registered at P.S.: Mansarovar Park, New Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.15,000/- by the petitioner within 14 days, out of which Rs.5,000/be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Prime Minister’s National Relief Fund 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 one week thereafter. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

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Petition is disposed of in above terms.

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CHANDER SHEKHAR, J

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DECEMBER 02, 2019/rk

Abhay Kumar v. State (Nct of Delhi) & Anr.

Case brief

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Abhay Kumar v. State (Nct of Delhi) & Anr.

Case brief

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