Rajbir & ANR v. State & ANR

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5305/2019 & Crl.M.As.38419-20/2019 RAJBIR & ANR .... Petitioners Through Mr. Aditya Vikram and Mr.Avinash, Advs. with the petitioners in person versus STATE & ANR .... Respondents Through Mr. Ashok Kumar Garg, APP with IO in person R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.10.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the respondent No.2, present in the Court. 3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.896/2015 dated 12.11.2015, under Sections 323/354-B/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom.

4.

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

before the Mediation Centre, Dwarka Courts, New Delhi on 6.5.2019. 5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being 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 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.5,000/- 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.896/2015 dated 12.11.2015, under Sections 323/354-B/34 of the IPC, registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.5,000/- to be deposited by the petitioners in the Delhi Police

Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 within 14 days 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. 8.

Petition is disposed of in above terms. Pending applications are also disposed of.

CHANDER SHEKHAR, J OCTOBER 17, 2019/rk