Rajender Nagar & ORS v. State ( Govt Of NCT Of Delhi) & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 452/2019 RAJENDER NAGAR & ORS ..... Petitioners Through Mr. Iqbal Singh and Mr.

Jaideep Singh, Advocates versus STATE ( GOVT OF NCT OF DELHI) & ANR ... Respondents Through Mr. Kamal Kumar Ghei, APP with SI Anand Prakash PS.

Tilak Nagar Mr. Rajeev Kapoor, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.01.2019 CRL.M.A. 1973/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 452/2019 1.

The petitioners have filed the petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 268/2010, under Sections 452/323/506/34 of the Indian Penal Code, 1860 ('IPC') registered at P.S.: Tilak Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 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 MOU dated 30.11.2015 and Settlement dated 30.11.2015 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi. 3.

Respondent No.2, who is present in Court has reiterated the aforesaid facts and submitted that in view of the Settlement arrived at between the parties, she 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.2. 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. 268/2010, under Sections 452/323/506/34 of the IPC registered at P.S.: Tilak Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to the condition that the petitioners shall deposit, within ten days, a sum of Rs.10,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and the receipts of the said deposit shall be filed in the Registry within 3 weeks and a copy of the said receipts shall also be handed over to the APP through the I.O. within 3 weeks. In case the petitioners fail to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders. However, the

parties shall remain bound by the terms and conditions of the Settlement.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 29, 2019/sk