Kamta Prasad Giri & ANR. v. State & ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2347/2019 KAMTA PRASAD GIRI & ANR.

..... Petitioners Through:

Mr. R.A. Sharma, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Shiv Prakash, PS:Anand Parbat, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.795/2015, under Sections 354/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Anand Parbat, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide settlement dated 13.2.2019.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to her, 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. 5.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause and deposit the same in any trust or association.

6.

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.795/2015, under Sections 354/509/34 of the IPC, registered at P.S.: Anand Parbat, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.10,000/- 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 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 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.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 26, 2019 tp