Vidhya Shankar & ANR. v. State & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 796/2019 VIDHYA SHANKAR & ANR.

..... Petitioners Through:

Mr. Mukesh Chand Vashisht, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Sandeep Kumar, PS:R.K. Puram, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.02.2019 CRL.M.A. 3232/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 796/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.111/2017, under Sections 354/341/506/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at PS:R.K. Puram, New Delhi and the proceedings emanating therefrom .

2.

The petitioners and their learned counsel as well as respondent No.2 submitted that the matter has been settled

between the parties on their own free will, without any force, pressure or coercion before the Delhi Mediation Centre, Patiala House Courts, New Delhi, vide Settlement dated 20.4.2018. It is also submitted that there are cross-FIRs between the parties and one of the FIRs already stands quashed by this Court. 3.

The Investigating Officer ('IO'), who is present in the Court, has identified the petitioners as well as respondent No.2. The IO has also verified about the Settlement effected between the parties and submitted that there are no pending cases against the parties, except the present FIR.

4.

Respondent No.2, on a query of the Court, submitted that since the matter has been settled between the parties and she has no grievance, whatsoever, against the petitioners, she has no objection to the petition being allowed and the quashing of the FIR.

5.

In view of the aforesaid circumstances, the Settlement arrived at between the parties and taking into consideration the age and socio-economic conditions 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.111/2017, under Sections 354/341/506/509/34 of the IPC, registered at PS:R.K. Puram, New Delhi and the proceedings emanating therefrom

are quashed, subject to cost of Rs.20,000/- to be deposited by the petitioners within 15 days, out of which Rs.10,000/- shall be deposited 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 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. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 13, 2019 tp