Aditya Rao Gautam v. The State NCT Of Delhi & ANR
$-20 & *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3557/2018 ADITYA RAO GAUTAM & ORS.
Petitioners Through:
Mr. H.S. Singh, Advoeate versus THE STATE NOT OF DELHI & ANR Respondent Through: Mr. Raghuvinder Verma, APP with SI Kiran Pal, P.S. Jagat {*.
Puri AND + CRL.M.C. 3565/2018 ADITYA RAO GAUTAM & ORS.
Petitioners Through; Mr. H.S. Singh, Advocate versus THE STATE NCT OF DELHI & ANR Respondent Through: Mr. Raghuvinder Merma, APP with SI Kiran Pal, P.S. Jagat Puri
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
ORDER
o/„ 27.11.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR Nos.305/2013 and 338/2014 both under Sections 435/506/34 of the By:AMULYA
Indian Penal Code, 1860 ('IPG'), both registered at P.S.: Jagat Puri, Delhi and the proceedings emanating therefrom. 2.
The petitioners and respondent No.2 in both petitions as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Mediation Centre, Karkardooma Courts, New Delhi on 22.5.2018.
3.
Learned counsel for the petitioners submitted that in view of the settlement arrived at between the parties both the petitions may be allowed and the FIRs may be quashed, subject to any condition that this Court may deem fit and proper.
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.
The Investigating Officer (TO'), 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 petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause in any trust or association. 6.
In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age, career and
socio-economic background of the petitioners, I deem it appropriate to give the petitioners a chanee to reform and reintegrate into the soeiety as produetive members. The petitioners are warned to be eareM in future and to not indulge in such activities again in future. 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 Nos. 305/2013 and 338/2014, both under Sections 435/506/34 of the IPG, registered at P.S.; Jagat Puri, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs. 10,000/- to be deposited by the petitioners within 14 days, out of which Rs.
5,000/- be deposited in the Prime Minister's National Relief Fund and Rs.5,000/- be deposited in Delhi Poliee Martyrs' Fund. 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.
Petitions are disposed of in above terms.
CHANlteR SHEKHAR, J NOVEMBER 27,2019 Aj