Khurram Mujtaba Wahab & ORS. v. State & ANR.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3855/2019 KHURRAM MUJTABA WAHAB & ORS ...... Petitioners Through:

Mr. S. Tabrez, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Raghuvinder Verma, APP with ASI Kailash Chandra, PS:Jamia Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 19.09.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State and by respondent No.2, who is present in Court.

3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.183/2018, under Sections 323/341/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom. 4.

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 before the Mediation Centre, Saket Courts, Delhi on 19.3.2019. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since he has already

received the amount of Rs.20,000/- from the petitioners as per the settlement, he has no objection to the petition being allowed and the FIR being quashed.

6.

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.

7.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners and respondent No.2 and has also verified the settlement.

8.

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 to not indulge in such activities again. Taking into consideration the aforesaid facts and 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. 183/2018, under Sections 323/341/506/34 of the IPC, registered at P.S.: Jamia Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.10,000/- to be deposited by the petitioners within two weeks with the Delhi

Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt 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.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 19, 2019 tp