Rajesh Kumar & ANR v. The State ( NCT Of Delhi) & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 91/2019 RAJESH KUMAR & ANR .... Petitioners Through:

Mr. Sandeep Verma, Advocate versus THE STATE ( NCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Avdhesh Dixit, PS:Saket, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.03.2019 CRL.M.A. 422/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 91/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.524/2015, under Sections 379/411/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Saket, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Understanding (MoU) dated 20.12.2017.

3.

Learned counsel for the petitioners submitted that the complaint, M.C. No.8/2018 pending before the Court of the learned Metropolitan Magistrate, Saket Courts, New Delhi was withdrawn on 16.1.2019, certified copy whereof has been placed on record.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled between the parties, he has 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 petitioners as well as respondent No.2 and has also verified the MoU arrived at between the parties. 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. 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.524/2015, under Sections 379/411/34 of the IPC, registered at P.S.: Saket, New Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within three weeks by the petitioners, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.5,000/- in the Delhi Police

Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and the receipts of the deposits be filed in the Registry within three weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within three weeks. In case the petitioners fail 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 MARCH 26, 2019 tp