Rahul Sagar & ORS v. The State & ORS

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1269/2019 RAHUL SAGAR & ORS ..... Petitioners Through:

Mr. Nitesh Kumar Singh & Mr.

Sanjay Varma, Advocates versus THE STATE & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Vikas Tomar, PS:Sarai Rohilla, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.09.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.33/2017, under Sections 308/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Sarai Rohilla, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 and 3 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Understanding dated 22.1.2019.

3.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter has been settled, they have no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioner is ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause and deposit the same in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners and respondent Nos.2 and 3 and has also verified the settlement. The IO also submitted that no other case is pending against the petitioners. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio-economic background of the petitioners, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. Taking into consideration the aforesaid facts and the remorseful attitude of the petitioners, 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.33/2017, under Sections 308/34 of the IPC, registered at P.S.: Sarai Rohilla, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.20,000/- to be deposited by the petitioners within two weeks, out of which Rs.5,000/- be deposited with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- with the Delhi

High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.5,000/- with Bharat Ke Veer Corpus Fund 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.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 27, 2019 rr