Ramesh Yadav & ORS v. The State (NCT) Of Delhi & ANR
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1775/2019 RAMESH YADAV & ORS ..... Petitioners Through:
Mr.
Sintu Kumar & Mr.
Manish Kumar, Advocates versus THE STATE (NCT) OF DELHI & ANR ..... Respondents Through:
Mr. Mukesh Kumar, APP with SI Ramesh Kumar, PS:Nihal Vihar, Delhi Mr. Naresh Kumar, Advocates for respondent Nos.2 & 3
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 27.08.2019 1.
Amended memo of parties has been filed.
2.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.619/2014, under Sections 341/325/354/354-B/427/452/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Nihal Vihar, Delhi and the proceedings emanating therefrom.
3.
The petitioners and respondent Nos.2 and 3 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 24.11.2018.
4.
Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to them, they have no objection to the petition being allowed and the FIR being quashed.
5.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 and 3 and has also verified the settlement arrived at between the parties. The IO also submitted that no other case is pending against the petitioners.
6.
Learned counsel for the petitioners submitted that the petitioners are 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.
7.
In view of the aforesaid circumstances, apology tendered, 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 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.619/2014, under Sections
341/325/354/354-B/427/452/34 of the IPC, registered at P.S.: Nihal Vihar, 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 in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.5,000/- in the Bharat Ke Veer Corpus Fund and 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.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J AUGUST 27, 2019 tp