Kamaldeep Singh & ORS v. The State Govt Of NCT Of Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3329/2018 & CRL.M.A. 12068/2018 KAMALDEEP SINGH & ORS .... Petitioners Through:

Mr. Bhupinder Singh, Adv.

with the petitioners in person versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr.Ashish Dutta, APP with ASI Rajender Singh, PS Tilak Nagar, Delhi Mr. Vinay Kumar, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.04.2019 CRL.M.A. 12068/2018 (for condonation of delay) In view of the cause submitted in the application, the delay in re-filling of the petition is condoned. Application stands disposed of. CRL.M.C. 3329/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1088/2014 dated 18.9.2014, under Sections 354-A/509/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Tilak Nagar, New Delhi and the proceedings emanating therefrom. 2.

Respondent No.2 has filed affidavit as well as her proof of identity.

3.

The petitioners and respondent No.2 as well as the 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 Settlement Agreement/Compromise Deed dated 10.5.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid a sum of Rs.50,000/- to her as compensation in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed.

5.

Learned counsel for the petitioners submitted that in view of the aforesaid circumstances, the present petition may be allowed subject to any condition this Court deems appropriate. 6.

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 arrived at between the parties. The IO also stated that the petitioners have no criminal antecedents. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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. 1088/2014 dated 18.9.2014, under Sections 354-A/509/506/34 of the IPC, registered at P.S.: Tilak Nagar, New Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.25,000/- to be paid by the petitioner within 14 days, out of which Rs.10,000/- be

deposited in the Bharat Ke Veer Corpus Fund, 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 and Rs.5,000/- 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 petitioner fails 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.

CHANDER SHEKHAR, J APRIL 05, 2019/rk