Ganesh Babu & ORS v. The State (Govt. Of NCT Of Delhi) & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1743/2019 GANESH BABU & ORS .... Petitioners Through:

Mr. Suresh Sisodia and Mr.

Kumar Ranjan Misra, Advs.

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

Mr. Kamal Kumar Ghei, APP with SI Hemant, PS Vasant Kunj, North, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.273/2015 dated 19.3.2015, under Sections 323/354-B/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Vasant Kunj, North, New Delhi and the proceedings emanating therefrom. 2.

Status report stands filed.

3.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Compromise Deed dated 26.2.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she and the petitioners are neighbours and she does not want to continue criminal proceedings

against the petitioners. Respondent No.2 further submitted that the petitioners have already paid a sum of Rs.30,000/- to her in terms of the settlement arrived at between the parties and she has no objection to the petition being allowed and the FIR being quashed. 5.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed, subject to any condition whichever this Court may deem fit and proper. 6.

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. 7.

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.273/2015 dated 19.3.2015, under Sections 323/354-B/34 of the IPC, registered at P.S.: Vasant Kunj, North, New Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.15,000/- to be paid by the petitioners within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, and Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 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.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 24, 2019/rk