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High Court of DelhiCRL.M.C./3316/2018

Prem Singh & ORS v. The State ( Gnct Of Delhi) & ANR

2019-03-29Hon'Ble Mr. Justice Chander Shekhar3 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3316/2018 PREM SINGH & ORS ..... Petitioners Through:

Mr. Vineet Mehta, Advocate versus THE STATE ( GNCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Ishwar Singh, PS:Amar Colony, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.960/2015, under Sections 323/354/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Amar Colony, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent Nos.2 to 4 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Settlement Agreement dated 6.10.2017 before the Mediation Centre, Delhi High Court Legal Service Committee. 3.

Respondent Nos.2 to 4, who are present in Court, have reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to them and have assured that they shall not indulge in such activities in

future, they have now forgiven them and they have no objection to the petition being allowed and the FIR being quashed. 4.

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.

5.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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 remain careful and not indulge in such activities again in future. 6.

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.960/2015, under Sections 323/354/509/34 of the IPC, registered at P.S.:Amar Colony, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.20,000/- 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 Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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 three weeks. In case the

petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 6.

Petition is disposed of in above terms.

Dasti.

CHANDER SHEKHAR, J MARCH 29, 2019 tp