Mohd Yakub & ORS v. The State Govt Of NCT Of Delhi & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 501/2018 & CRL.M.As. 1847/2018, 6518/2019 & 8209/2019 MOHD YAKUB & ORS .... Petitioners Through:

Mr. Neeraj Kumar Jha, Adv.

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

Mr. Kamal Kumar Ghei, APP with SI M.L. Meena, PS Jamia Nagar, Delhi R-1 & 3 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.07.2019 CRL.M.A.8209/2019 (for pardoning) In view of the cause submitted in the application, the Investigating Officer is pardoned. Applications stands disposed of. CRL.M.C. 501/2018 & CRL.M.As. 1847/2018 (for stay), 6518/2019 (for directions) 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0773/2014, under Sections 324/506/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Jamia Nagar, South East District, Delhi and the proceedings emanating therefrom. 2.

Respondent Nos.1 and 3 have filed their affidavit as well as proof of identity on record.

3.

The petitioners and respondent Nos.1 & 3 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 before the Mediation Centre, Saket Courts, New Delhi on 4.12.2017. 4.

Respondent Nos.1 and 3, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.2.6 lacs to them in terms of the settlement arrived at between the parties. Respondent Nos.1 & 3 further submitted that in case the petitioners make the payment of the balance amount of Rs.2.6 lacs to them, they have no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.055573 dated 15.7.2019 for an amount of Rs.2.5 lacs which has been handed over to the respondent Nos.1 & 3 today in the Court. Petitioners have also paid a sum of Rs.10,000/- to the respondent Nos.1 and 3 in cash in the Court today. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent Nos.1 and 3, the present petition may be allowed and the FIR may be quashed.

6.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent Nos.1 and 3 and has also verified the settlement arrived at between the parties. 7.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute any amount whichever

this Court may deem fit and proper for some social beneficial cause in any trust or association.

8.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners 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.0773/2014, under Sections 324/506/34 of the IPC, registered at P.S.: Jamia Nagar, South East District, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

30,000/- to be paid by the petitioners within 14 days, 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.5,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court 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.

appropriate orders.

9.

Petition is disposed of in above terms. Pending applications are also disposed of.

CHANDER SHEKHAR, J JULY 17, 2019/rk