Praveen Lehra & ORS v. The State ( NCT Of Delhi) & ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 794/2019 & CRL.M.A. 3225/2019 PRAVEEN LEHRA & ORS .... Petitioners Through:

Mr. Pankaj Srivastav, Adv.

with petitioners in person versus THE STATE ( NCT OF DELHI) & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Amit Pratap Singh, PS Lajpat Nagar, New Delhi R-2 in person with counsel

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.02.2019 CRL.M.A. 3225/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 794/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.694/2016 under Sections 186/353 & 3 of the Prevention of Damage to Public Property Act, 1984, registered at Police Station Lajpat Nagar, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the matter stands settled between

the parties vide Compromise Deed dated 15.1.2019 in terms whereof it was agreed that the parties shall file a joint petition for the quashing of the aforesaid FIR. Learned counsel for the petitioners submitted that a letter of authorisation dated 14.1.2019 in favour of the respondent No.2 has already been placed on record. 3.

Learned counsel for the petitioners further submitted that the petitioners have already deposited a sum of Rs.1,500/- vide challan dated 27.8.2018 and the receipt thereof has also been filed on the record.

4.

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 arrived at between the parties. 5.

The petitioners and 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. The parties submitted that in terms of the settlement arrived at between the parties, the petition may be allowed and the aforesaid FIR may be quashed.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as the letter of authorisation and the receipt of the deposit of the said amount on the record and also taking into consideration the age, occupation and socio-economic condition of the petitioners, I deem it proper to give the petitioners a chance of reformation and to reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No.694/2016

under Sections 186/353 & 3 of the Prevention of Damage to Public Property Act, 1984, registered at Police Station Lajpat Nagar, New Delhi and all the consequential proceedings arising out of the FIR are quashed, subject to the petitioners depositing within three weeks, a sum of Rs.3,000/- in the Delhi High Court Advocates' Welfare Trust and also Rs.3,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 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 petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

The petition is disposed of in above terms.

CHANDER SHEKHAR, J FEBRUARY 13, 2019/rk