Suman Kohli & ORS v. State & ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2979/2018 & CRL.M.A. 10514/2018 SUMAN KOHLI & ORS .... Petitioners Through:

Ms. Jyoti Gupta and Mr.

Prateek Khatri, Advs. with the petitioners in person versus STATE & ANR .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Ram Kishan, PS Maurya Nagar, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.667/2014, under Sections 448/354/380/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Maurya Enclave, Delhi and the proceedings emanating therefrom.

2.

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 vide a Memorandum of Understanding dated 24.5.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the

balance amount of Rs.1 lac to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.270579 dated 16.4.2019 for an amount of Rs.1 lac which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be 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.

6.

Learned counsel for the petitioner submitted that the petition may be allowed and the FIR may be quashed, subject to any condition whichever this Court may deem fit and proper. 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.

667/2014, under Sections 448/354/380/509/34 of the IPC, registered at P.S.: Maurya Enclave, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.15,000/- to be paid by the petitioners within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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.

8.

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

CHANDER SHEKHAR, J APRIL 24, 2019/rk