Devender Chauhan & ORS. v. State & ANR.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2087/2019 DEVENDER CHAUHAN & ORS.

..... Petitioners Through:

Mr. B.S. Rajesh Agrajit & Mr.

V.K. Ojha, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Amit Chaddha, APP with ASI Ram Lal, PS:Malviya Nagar, Delhi Mr. Pawan Sharma, Advocate for the complainant

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.07.2019 CRL.M.A.8274/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 2087/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1712/2015, under Sections 354/509/323/34 the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Malviya Nagar, 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 Compromise Agreement dated 15.4.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that, in the interest and welfare of both the families, she does want to continue with the present proceedings and she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper. Learned counsel for the petitioners also submitted that the petitioners are ready to deposit Rs.50,000/- for some social cause in any charitable trust or association. 5.

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. The IO also submitted that no other criminal 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 and not indulge in such activities again in future. 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.1712/2015, under Sections 354/509/323/34 the IPC, registered at P.S.:Malviya Nagar, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.50,000/- within four 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 High Court Advocates' Welfare Trust, Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.10,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and Rs.10,000/- in the Prime Minister Relief Fund and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. 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 JULY 29, 2019 tp