Ranbir Singh & ORS v. State Of NCT Delhi & ORS

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1566/2018 RANBIR SINGH & ORS ... Petitioners Through:

Petitioners in person with counsel (name not given) versus STATE OF NCT DELHI & ORS .... Respondents Through:

Mr.Ashish Dutta, APP with SI Laxman Choudhary and Insp.

Om Prakash Lekhwal, PS Hauz Khas, Delhi R-2 to 4 in person with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.04.2019 1.

The petitioners have filed the present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.138/2017 dated 3.5.2017, under Sections 323/308/341/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Hauz Khas, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 to 4, present in the Court, as well as the learned counsel for the parties submitted that the parties have settled their disputes amicably and before the Court of Hon'ble Mr. Justice Sanjeev Sachdeva on 10.4.2018 it was agreed between the parties that the petitioners shall pay an amount of Rs.1 lac to the

respondents within two weeks. Learned counsel for the parties submitted that it was agreed between the parties that they shall help each other to quash the FIR Nos.138/2017 and 140/2017. 3.

Respondent Nos.2 to 4 reiterated the aforesaid facts and submitted that they have no objection to the petition being allowed and the FIR being quashed.

4.

The parties submitted that they have tendered their unconditional apology to each other and have no grievances left whatsoever now. Learned counsel for the petitioners submitted that the petitioners may be given a chance to reform and reintegrate into the society as productive members subject to any condition whichever the Court may deem appropriate.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 to 4 and has also verified the settlement arrived at between the parties. The IO also stated that the parties have no criminal case against them, except the present connected cases.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties as well as taking into consideration the age of the petitioners and their socio-economic background, this Court deems it proper to give the petitioners a chance to reform and reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No. 138/2017 dated 3.5.2017, under Sections 323/308/341/506/34 of the IPC, registered at P.S.: Hauz Khas, Delhi and the proceedings emanating therefrom are quashed

subject to cost of Rs.25,000/- to be paid by the petitioners within 14 days, out of which 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/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- 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.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 22, 2019/rk