Devinder v. The State & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 188/2019 DEVINDER ..... Petitioner Through:

Appearance not given Petitioner in person versus THE STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Bijender, PS Swaroop Nagar, Delhi R-2 in person with his counsel

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 20.02.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.568/2015 under Sections 420/406/468/471 of the Indian Penal Code, 1860 (IPC), registered at Police Station Swaroop Nagar, (North-West) New Delhi and the proceedings emanating therefrom. 2.

The petitioner and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 2.6.2018 and the copy of the same has already been placed on record.

3.

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 arrived at between the parties. The IO stated that the petitioner has no criminal antecedent. 4.

The respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioner has already paid a sum of Rs.9,70,000/- to him and now nothing is due from the petitioner to him. Respondent No.2 submitted that in terms of the settlement arrived at between the parties, he has no objection to the petition being allowed and the quashing of the FIR. 5.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is 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.568/2015 under Sections 420/406/468/471 of the IPC, registered at Police Station Swaroop Nagar, (North-West) New Delhi and all the consequential proceedings arising out of the FIR are quashed, subject to the petitioner depositing, within three weeks, a sum of Rs.30,000/-, out of which Rs.10,000/- shall be deposited in the Army Welfare Fund Battle Casualties, Syndicate Bank, South Block, Defence Headquarters, New Delhi-110011, IFSC Code : SYNB0009055, Account No.90552010165915, Rs.10,000/- in the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- Delhi High Court Advocates‟ Welfare Trust and the receipts of the said deposits shall be filed in the Registry within four weeks. Copy of the receipts shall also be handed

over to the APP through the I.O. within four weeks. In case the petitioner fails to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 20, 2019/rk