Dynamic Infradevelopers Pvt. Ltd & ORS v. State & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4587/2019 & Crl.M.A.35692/2019 DYNAMIC INFRADEVELOPERS PVT. LTD & ORS .... Petitioners Through Mr. Kailash Sharma, Adv. with the petitioners in person versus STATE & ANR .... Respondents Through Ms. Aashaa Tiwari, APP with SI Ravindra Kumar Mr. N.K. Aggarwal, Mr.Nupur Sachdeva, Ms. Sanjana and Ms.

Shreya, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.10.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.332/2017, under Section 420 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a letter dated 17.8.2019.

3.

Respondent No.2, who is present in Court, has reiterated the

aforesaid facts and submitted that the petitioners have already paid the entire amount to him and now nothing remains due from the petitioners. Respondent No.2 further submitted that, he has no objection to the petition being allowed and the FIR being quashed. 4.

Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

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. IO also stated that no other criminal case is pending against the petitioners.

6.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.50,000/- for some social beneficial cause in any trust or association. 7.

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 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.332/2017, under Section 420 of the IPC, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating

therefrom are quashed subject to cost of Rs.50,000/- to be paid by the petitioners within 14 days, out of which Rs.10,000/- be deposited in the Prime Minister's National Relief Fund, Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.10,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- 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. 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.

8.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J OCTOBER 16, 2019/rk