Suraj Singh & ANR v. The State & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2435/2019 SURAJ SINGH & ANR ..... Petitioners Through:

Mr. Rahul Jain, Advocate versus THE STATE & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 14.08.2019 1.

Status report filed.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0575/2018, under Section 420 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Neb Sarai, Delhi and the proceedings emanating therefrom.

3.

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 Memorandum of Understanding dated 29.3.2019.

4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, he has no objection to the petition being allowed and the FIR being quashed.

5.

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 submitted that the petitioners are ready and willing to contribute a sum of Rs.40,000/- for some social beneficial cause in any trust or association.

6.

Learned counsel for the petitioners have also brought a demand draft, bearing No.858960, drawn on Bank of India, for a sum of Rs.2,00,000/-, which has been handed over to the respondent No.2 today in the Court.

7.

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. 8.

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.0575/2018, under Section 420 of the IPC, registered at P.S.:Neb Sarai, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.40,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited with the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- in the High Court of Delhi, Middle Income Group Legal Aid Society, UCO Bank, Account No.15530110135488, Rs.10,000/- be deposited in the Bharat

Ke Veer Corpus Fund 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.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 14, 2019 tp