Anuj Bhola & ANR v. The State Of NCT Of Delhi & ANR
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3152/2018 ANUJ BHOLA & ANR ..... Petitioners Through:
Mr. Amit Srivastava & Mr.
Rajesh Kataria, Advocates versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Mukesh Kumar, APP with ASI Rajender Singh, PS:Tilak Nagar, Delhi
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 03.09.2019 CRL.M.A.11040/2018(for exemption) Allowed, subject to all just exceptions. Application stands disposed of.
CRL.M.C. 3152/2018 1.
Issue notice. Notice is accepted by the learned APP for the State and by respondent No.2, who is present in Court. 2.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1202/2015, under Section 354A/509/506/341/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Tilak Nagar, Delhi and the proceedings emanating therefrom.
3.
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 Memorandum of Understanding dated 26.3.2018.
4.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to her and have assured that they shall not indulge in such activities in future, she has now forgiven them and has no objection to the petition being allowed and the FIR being quashed.
5.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause and deposit the same in any trust or association.
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.
7.
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 them 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 aforesaid facts and the remorseful attitude of the petitioners, 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.1202/2015, under Section 354A/509/506/341/34 of the IPC, registered at P.S.: Tilak Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to costs of Rs.20,000/- 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, 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.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J SEPTEMBER 03, 2019 tp