Akhilesh Sharma & ANR v. State & ANR

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1391/2019 AKHILESH SHARMA & ANR ..... Petitioners Through:

Mr.

Gurcharan Singh, Advocate versus STATE & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Amit Dutt, PS:Lajpat Nagar, New Delhi Mr.

Anuj Kumar Singh, Advocate for the complainant

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.03.2019 CRL.M.A. 5546/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1391/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.124/2014, under Sections 323/341/354/427/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Lajpat Nagar, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the present FIR was lodged on account of a minor scuffle between the parties, but now the parties have settled their disputes on their own free will, without any force or coercion, vide Compromise Deed dated 12.9.2018, with the intervention of their well-wishers, relatives and friends. It is also submitted that in terms of the Compromise Deed, out of Rs.20,000/-, the petitioners have already paid a sum of Rs.10,000/- to the respondent No.2 and have paid the balance sum of Rs.10,000/- in cash in Court today.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to her and the payment of Rs.10,000/- has been received today, she has forgiven them and has no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. The IO has also stated that the parties are having no criminal case against each other and/or they are not having any criminal antecedents.

5.

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 a chance to the petitioners to reform and reintegrate into the society as a productive member. 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. 124/2014, under Sections 323/341/354/427/509/34 of the IPC, registered at P.S.: Lajpat Nagar, New Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.25,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.

5,000/- Delhi High Court Advocates' Welfare Trust 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 MARCH 14, 2019 tp