Neeraj Yadav & ORS. v. State & ORS.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1419/2019 NEERAJ YADAV & ORS.

..... Petitioners Through:

Mr. Mohit, Advocate versus STATE & ORS.

..... Respondents Through:

Mr. Ashish Dutta, APP with SI Yogendra Kumar, PS:Hauz Qazi, Delhi Counsel for respondent Nos.2 to 6(name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.03.2019 CRL.M.A. 5664/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 1419/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.123/2017, under Sections 308/341/323/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Hauz Qazi, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion,

vide Settlement dated 24.8.2018 before the Delhi Government Mediation & Conciliation Centre. It is also submitted by learned counsel for the parties that a cross-case, being FIR No.124/2017 under Sections 308/341/324/34 IPC was also registered against the petitioners, which stands quashed by this Court vide order dated 14.2.2019, copy whereof has been placed on record.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled between the parties, she 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.

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. 123/2017, under Sections 308/341/323/34 of the IPC, registered at P.S.: Hauz

Qazi, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.30,000/- 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.10,000/- in the 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 15, 2019 tp