Dixit Sharma & ANR v. The State Govt Of NCT Of Delhi & ANR

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 299/2018 & CRL.M.A. 1147/2018 DIXIT SHARMA & ANR .... Petitioners Through:

Mr. Gopal Krishan Sharma, Adv. with the petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with SI Sonu, PS Seemapuri, Delhi Mr. Yogendra Kumar Verma and Mr. Yogender Kumar Sharma, Advs. for R-2 & 3 with the R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.04.2019 1.

Status report as well as amended memo of parties has been filed.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.589/2015 dated 17.4.2015, under Sections 354/354A/392/506/509/323/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Seemapuri, Delhi and the proceedings emanating therefrom.

3.

The petitioners and respondent Nos.2 and 3, present in the

Court, as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force, pressure or coercion vide a Memorandum of Understanding (MoU) dated 15.4.2016. Learned counsel for the parties submitted that the parties had filed cross-cases against each other and now, they have settled all their disputes vide the MoU. It is further submitted that it was agreed between the parties that they shall help each other to quash the FIR and shall not pursue any proceedings emanating from the FIR. 4.

Respondent Nos.2 and 3 reiterated the aforesaid facts and submitted that they have 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 Nos.2 & 3 and has also verified the settlement arrived at between the parties. The IO also stated that the parties have no criminal case against them, except the present cross-cases.

6.

Learned counsel for the petitioners submitted that taking into consideration the age of the petitioners, the present petition may be allowed subject to any condition whichever this Court may deem appropriate.

7.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as taking into consideration the age of the petitioners and their socio-economic background, this Court deems it proper to give the petitioners a chance to reform and reintegrate into the society as productive members. Accordingly, in

the interest of justice, FIR No.589/2015 dated 17.4.2015, under Sections 354/354-A/392/506/509/323/34 of the IPC, registered at P.S.: Seemapuri, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.20,000/- to be paid by the petitioners within 14 days, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court 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 21 days. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

8.

Petition is disposed of in above terms. Pending application also stands disposed of.

CHANDER SHEKHAR, J APRIL 10, 2019/rk