Mufid Malik & ORS v. State & ORS

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2536/2019 MUFID MALIK & ORS .... Petitioners Through:

Petitioners in person with the counsel (name not given) versus STATE & ORS .... Respondents Through:

Mr. Raghuvinder Verma, APP with SI Ranjit Tokas R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.08.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1023/2014, under Sections 326/341/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: K.M. Pur, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 and 3 as well as learned counsel for the petitioners submitted that the parties have settled their disputes inter se themselves with the help of respectable members of the society on their own free will, without any force or coercion. 3.

Respondent Nos.2 and 3 have filed their affidavits. 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 and have assured that they shall not indulge in such activities in future, they have now forgiven them and 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.

6.

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 aforesaid facts and the remorseful attitude of the petitioners, 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.1023/2014, under Sections 326/341/34 of the IPC, registered at P.S.: K.M. Pur, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

20,000/- 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.5,000/- in the Delhi High Court Advocates' Welfare Trust 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.

receipts shall also be handed over to the APP through the I.O. within 21 days. 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 29, 2019/rk