Yatra Online Private Limited & ORS. v. State & ORS.
$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5405/2019 YATRA ONLINE PRIVATE LIMITED & ORS .... Petitioners Through:
Mr.
Siddharth Luthra, Sr.
Advocate with Mr. Priyank Ladoia, Mr. Shivam and Mr.
Nikhil, Advocates versus STATE & ORS ..... Respondents Through:
Mr. Amit Chadha, APP with Insp.
Sanjeev Dodhi, P.S.
EOW.
Mr.
Mohit Mathur, Sr.
Advocate with Mr. Ashish Aggarwal and Ms. Gurkamal Hora Arora, Advocates for R-3 with R-3 in person.
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 19.12.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.99/2019, under Sections 406/420/120-B of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Economic Offences Wing, New Delhi and the proceedings emanating therefrom.
2.
The petitioners and respondent No.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 dated 14.10.2019.
3.
Respondent No.3, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to him and have assured that they shall not indulge in such activities in future, he has now forgiven them and has no objection to the petition being allowed and the FIR being quashed. 4.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.3 and has also verified the settlement. Learned APP, on instructions from the IO, submitted that the petitioners have no other criminal antecedents, however, heavy costs may be imposed upon the petitioners in case the present petition is allowed.
5.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.40 lacs for some social beneficial cause in any trust or association. 6.
In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration, I deem it appropriate to give the petitioners a chance to reform. 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.99/2019, under Sections 406/420/120-B of the IPC, registered at P.S.: Economic Offences Wing, New Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.40 Lacs to be deposited by
the petitioners within 14 days, out of which Rs.10 Lacs to be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.10 Lacs in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court, Rs.10 Lacs to be deposited in the Prime Minister's National Relief Fund, Rs.5 Lacs to be deposited in Delhi Police Martrys'
Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, and Rs.5 Lacs to be deposited in Middle Income Group Legal Aid Society, A/c No. 155301101354488 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 be entitled to move an application for passing appropriate orders. The parties shall remain bound by the terms and conditions of the aforesaid Settlement dated 14.10.2019.
7.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J DECEMBER 19, 2019 Aj