Hemant Singh Narsingh Jhala & ANR v. State Of NCT Of Delhi & ORS
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 321/2018 & Crl.M.A. 1214/2018 HEMANT SINGH NARSINGH JHALA & ANR ..... Petitioners Through:
Mr.
Rajesh Chhetri, Ms. Meenakshi Rawat and Mr. Rajeev Chhetri, Advocates with Petitioners in person.
versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:
Mr. Mukesh Kumar, APP with SI Ajay Kumar from PS-Kirti Nagar.
Mr.
Kaushal Yadav and Mr.
Nandlal Kr.
Mishra, Advocates for R-2 to 6 with R-2 to 6 in person.
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 10.01.2020 1.
Status report filed.
2.
Amended memo of parties also filed.
3.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0327/2015, under Sections 406/420/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Kirti
Nagar, Delhi and the proceedings emanating therefrom. 4.
The petitioners and their counsel as well as respondent No.2 to 6 submitted that the parties have settled their disputes on their own free will, without any force or coercion. It is also evident from the proceedings dated 05.01.2018 in W.P. (Crl.) 2730/2017 and status reported dated 06.03.2018. Even otherwise, respondent no. 2 to 6 have already filed their affidavits in this regard, on record.
5.
Respondent No.2 to 6, who are present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, they have no objection to the petition being allowed and the FIR being quashed.
6.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.1,00,000/- for some social beneficial cause in any trust or association.
7.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 to 6 and has also verified the settlement arrived at between the parties.
8.
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.0327/2015, under Sections
406/420/34 of the IPC, registered at P.S.:Kirti Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.1,00,000/- within two weeks by the petitioners, out of which Rs.20,000/- be deposited with the Delhi High Court Legal Services Committee, Rs.20,000/- be deposited with the Delhi High Court Advocates' Welfare Trust, Rs.20,000/- in the High Court of Delhi, Middle Income Group Legal Aid Society, UCO Bank, Account No.15530110135488, Rs.20,000/- be deposited in the Delhi High Court Staff Welfare Fund and Rs.20,000/- in the Prime Minister Relief Fund and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 9.
Petition is disposed of in above terms. Pending application is disposed of.
CHANDER SHEKHAR, J JANUARY 10, 2020 ssc