Vijay Bagga & ANR v. The State ( Govt Of NCT Of Delhi) & ANR
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3349/2018 VIJAY BAGGA & ANR ..... Petitioners Through:
Mr. Davinder Singh, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:
Mr.Ashish Dutta, APP
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 07.05.2019 CRL.M.A.12130/2018 Allowed, subject to all just exceptions. The application is disposed of.
CRL.M.C. 3349/2018 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.744/2016, under Sections 323/308/452/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Shakarpur, Delhi and the proceedings emanating therefrom.
2.
The petitioners and their counsel as well as respondent No.2 submitted that with the intervention of the common relatives, friends, neighbours, elders and some senior members of the area, the parties have settled their disputes on their own
free will, without any force or coercion. In this regard, affidavits of petitioner Nos.1 and 2 and respondent No.2 have been placed on record.
3.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, he has no objection to the petition being allowed and the FIR being quashed.
4.
Learned counsel for the petitioners submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.
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. The IO also stated that no other criminal case is pending against the petitioners. 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 them a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and not indulge in such activities again in future. 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. 744/2016, under Sections 323/308/452/34 of the IPC, registered
at P.S.:Shakarpur, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.25,000/- within two weeks by the petitioners, 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/- in 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 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.
CHANDER SHEKHAR, J MAY 07, 2019 tp