Baldev Raj Malhotra & ORS v. State NCT Of Dlehi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 827/2018 BALDEV RAJ MALHOTRA & QRS Petitioners Through:
Mr. Rajeev Kumar, Advocate versus THE STATE GOVT OF NOT OF DELHI & ANR Respondents Through:
Mr. Raghuvinder Verma, APP with SI Vinod, PS:Sarai Rohilla, Delhi WITH + CRL.M.C. 2072/2018 BALDEV RAJ MALHOTRA & ORS Petitioners Through:
Mr. Rajeev Kumar, Advocate versus STATE NCT OF DLEHI & ANR Respondents Through:
Mr. Raghuvinder Verma, APP with SI Vinod, PS:Sarai Rohilla, Delhi
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
ORDER
% 05.08.2019 1.
The petitioners have filed the present petitions under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.728/2015, under Sections 420/406/506/120-B of the Indian Penal Code, 1860 (TPC) and FIR No.729/2015, under Sections 448/506/34 of the IPC, both Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
registered at P.S.tSarai Rohilla, Delhi and the proceedings emanating therefrom.
2.
The petitioners and their counsel as well as respondent No.2 m both the petitions, submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 6.2.2018.
3.
Respondent No.2, in both the petitions, are present in Court and have reiterated the aforesaid facts and submitted that since the matter has been settled, they have no objection to the FIRs being quashed and the petitions being allowed. Respondent No.2 in both the petitions have filed affidavits in this regard.
4Learned counsel for the petitioners submitted that the present petition may be allowed and the FIRs may be quashed, subject to any condition- that this Court may deem fit and <r proper. Leamed counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.30,000/- for some social beneficial cause in any trust or association.
5.
The Investigating Officer (TO'), who is present in Court, has identified the petitioners as well as respondent No.2 in both the petitions and has also verified the settlement. 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 petitioner, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. This Court is also of the view that no fhiitfiil purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly in the interest of justice, FIR Nos.728/2015, under Sections 420/406/506/120-B of the IPC and FIR No.729/2015 under Sections 448/506/34 of the IPC, both registered at P.S.iSarai Rohilla, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.30,a00/- within three weeks by the petitioners, out of whieh Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust, 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 Staff Welfare Fund, SB A/c No.l5530110074442 and Rs.5,000/- in the Prime Minister Relief Fund 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.
Petitions are disposed of in above terms.
august 05,2019/tp CHANe^R^HliKHAR, J