Yashveer @ Aishbir Singh & ORS v. N.C.T Of Delhi & ORS

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5470/2019 YASHVEER @ AISHBIR SINGH & ORS ..... Petitioners Through:

Mr. N. Pratap Venugopal, Mr.

Purshottam Kumar Jha & Mr.

R.L. Sinha, Advocates versus N.C.T OF DELHI & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with ASI Krishan Kumar, PS:Mayur Vihar, Delhi Mr. A.S. Bedi, Mr. Varun Chandhiok & Ms. Riya Seth, Advocate for respondent Nos.2 and 3

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.12.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0433/2018, under Sections 308/341/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mayur Vihar, Phase-I, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent Nos.2 and 3 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement Deed dated 10.10.2019. 3.

Respondent Nos.2 and 3 have reiterated the aforesaid facts and submitted that since the matter stands settled, they

have no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 and 3 and has also, verified the settlement. The IO further stated that no other criminal case is pending against the petitioners. 6.

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 petitioners, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and not to indulge in such activities again. Taking into consideration the remorseful attitude of the petitioners, 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.0433/2018, under Sections 308/341/34 of the IPC, registered at P.S.: Mayur Vihar, Phase-I, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of Rs.20,000/- by the petitioners within 14 days, out of which Rs.5,000/- be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police

Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.5,000/- in the Middle Income Group Legal Aid Society A/C No.15530110135488, 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 petitioners fail to deposit the said sum, the prosecution shall move an application for passing appropriate orders. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 18, 2019 tp