Swaliya Bharti & ORS v. State Of Delhi & ANR
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4216/2019 SWALIYA BHARTI & ORS .... Petitioners Through Mr. Ranjan Kumar and Mr.
B.D. Pandey, Advs. with the petitioners in person versus STATE OF DELHI & ANR .... Respondents Through Mr. Raghuvinder Verma, APP with ASI Satyawan R-2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 14.10.2019 1.
Issue notice.
2.
Notice is accepted by the learned APP for the State as well as by the respondent No.2.
3.
Learned APP for the State submitted that all the necessary parties have already been impleaded as party and there is no necessity to move the application for impleadment.
4.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.373/2018, under Sections 452/323/506/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.: Bindapur, Delhi and the proceedings emanating therefrom.
5.
The petitioners and respondent No.2 as well as learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Compromise dated 21.5.2018.
6.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to him and have assured that they shall not indulge in such activities in future, he has now forgiven them and has no objection to the petition being allowed and the FIR being quashed. 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. The IO also stated that no other criminal case is pending against the petitioners.
8.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association. 9.
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.373/2018, under Sections 452/323/506/34 of the IPC, registered at P.S.: Bindapur, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.15,000/- to be paid by the petitioners within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.5,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and receipts of the deposits be filed in the Registry within 21 days. Copy of the 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. 9.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J OCTOBER 14, 2019/rk