Madhvi Khurana Handa & ORS v. State & ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3709/2019 MADHVI KHURANA HANDA & ORS .... Petitioners Through:

Mr. Avadh Kaushik & Mr.

Devashish Maharishi, Advocates versus STATE & ANR .... Respondents Through:

Mr. Ashok Kumar Garg, APP Mr. Manoj Kumar & Mr. Aakar Bhardwaj, Advocates for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 31.07.2019 CRL.M.A.32393/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 3709/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0520/2015, under Sections 420/494/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mianwali Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their

respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Court, Addl. Principal Judge, Family Court, Tis Hazari, vide Settlement dated 29.5.2019.

3.

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.

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. Learned counsel for the petitioners further submitted that the petitioner is willing to deposit a sum of Rs.25,000/- for some social cause with any charitable trust or association. 5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement. The IO also submitted that no other case is pending against the petitioners.

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 in future. 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.0520/2015, under Sections 420/494/506/34 of the IPC, registered at P.S.: Mianwali Nagar, Delhi is quashed, subject to deposit of a sum of Rs.25,000/- within two weeks by the petitioners, out of which Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442, Rs.5,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and Rs.5,000/- in the High Court of Delhi Middle Income Group Legal Aid Society, UCO Bank, Account No.

15530110135488 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 petitioner fails 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 JULY 31, 2019 tp