Harminder Singh Chadha & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1992/2018 & CRL.M.A. 7073/2018 HARMINDER SINGH CHADHA & ORS. ..... Petitioners Through Mr. Chinmay Pradip Sharma, Mr. Pradeep Jain, Mr. Ashish Bansal and Mr. Shailesh Kumar Sinha, Advocates versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through Mr. Kamal Kumar Ghai, APP for the State with SI Praveen Kumar, PS Kotwali

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 16.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.429/2007, under Sections 186/353/332/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.Chandni Chowk, Delhi and the proceedings emanating therefrom.

2.

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 vide a

Memorandum of Understanding (MoU) dated 06.04.2018. 3.

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.

4.

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.

5.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute any amount whichever this Court may deem fit and proper for some social beneficial cause in any trust or association. 6.

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 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.429/2007, under Sections

186/353/332/34 of the IPC, registered at P.S.Chandni Chowk, Delhi and the proceedings emanating therefrom are quashed subject to deposit of a sum of Rs.40,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.10,000/- in the Delhi High Court Advocates‟ Welfare Trust, Rs.10,000/- in Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and 10,000/- in Delhi Police Martyrs‟ Fund, Account No.18200110036907 and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

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

CHANDER SHEKHAR, J JULY 16, 2019/rr