Rahis Ahmed & ORS v. State Of NCT Of Delhi & ORS

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2562/2019 RAHIS AHMED & ORS ..... Petitioners Through:

Mr. S. Hasan Zaidi, Advocate versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Ashish Dutta, APP with SI Amrendra, PS:Nand Nagri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.05.2019 CRL.M.A.10258/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 2562/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.198/2013, under Sections 323/324/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Nand Nagri, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent Nos.2 and 3 submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi

vide Settlement dated 31.1.2019.

3.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter stands settled, they have 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.

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 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 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.198/2013, under Sections 323/324/34 of the IPC, registered at P.S.:Nand Nagri, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of

Rs.20,000/- within two weeks by the petitioners, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- in 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 and the 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 MAY 13, 2019 tp