Arti Devi & ORS v. State Of NCT Delhi & ANR
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 586/2019 ARTI DEVI & ORS ..... Petitioners Through:
Mr. Deepak Maharaj & Mr.
Sanjeet Malik, Advocates versus STATE OF NCT DELHI & ANR ..... Respondents Through:
Mr. Panna Lal Sharma, APP with ASI Sanwal Ram, PS:Aman Vihar, Delhi Ms. Heena, Advocate for respondent No.2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 04.02.2019 CRL.M.A. 2441/2019 Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 586/2019 1.
The petitioners have moved the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1080/2018, under Section 323/342/354/354B/34 of the Indian Penal Code, 1860 ('IPC'), registered at PS: Aman Vihar, Delhi and the proceedings emanating therefrom.
2.
The petitioners and respondent No.2 as well as their respective counsel submitted that the petitioners and respondent No.2 are neighbours and due to some misunderstanding, the present FIR has been lodged. It is further submitted that parties have settled their disputes, as is evident from the proceedings dated 4.1.2019 before the learned Additional Sessions Judge-04 (North-West), Rohini Courts, Delhi, on their own free will, without any force, pressure or coercion.
3.
Respondent No.2, who is present in Court, submitted that the matter has been settled on her own free will, without any force, pressure or coercion and there is no grievance whatsoever against each other. Respondent No.2 further submitted that since the matter has been settled, she has no objection to the petition being allowed and the FIR may be quashed. 4.
Learned counsel for the petitioners submitted that taking into consideration the socio-economic condition of the petitioners as well as their age, a chance may be given to them to reform and reintegrate into the society as productive citizens. 5.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified about the settlement.
6.
Taking into consideration the aforesaid facts and in the interest of justice, I deem it appropriate to give the petitioners a chance to reform and to reintegrate into the society as productive members.
7.
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.1080/2018, under Sections 323/342/354/354B/34 of the IPC, registered at PS: Aman Vihar, Delhi and the proceedings emanating therefrom are quashed, subject to the condition that the petitioners shall deposit, within three weeks, a sum of Rs.10,000/-, out of which Rs.5,000/- shall be deposited in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- with 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 four weeks and copy of the said receipts shall also be handed over to the APP through the I.O. within four weeks. In case the petitioners fail to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J FEBRUARY 04, 2019 tp