Mohd Raza Abbas @ Raza Abbas v. The Sate & ORS.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3693/2018 MOHD RAZA ABBAS @ RAZA ABBAS & ORS...Petitioners Through:

Mr. S. Rahman, Advocate versus THE STATE & ANR.

..... Respondents Through:

Mr. Ashish Dutta, APP with SI Kiran Pal, PS:Jagatpuri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 04.07.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.458/2011, under Sections 147/148/149/427/506 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jagatpuri, Delhi and the proceedings emanating therefrom.

2.

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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi dated 3.1.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, he has no objection to the petition being allowed and the FIR being quashed. A no-objection certificate in this regard

has been filed by respondent No.2 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. Learned counsel for the petitioners further submitted that the petitioners are ready to deposit Rs.50,000/- for some social cause with any trust or association.

5.

The petitioners have also tendered unconditional apology to the respondent No.2 today in the Court.

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. The IO also stated that the petitioners are having no criminal antecedents. 7.

In view of the aforesaid circumstances and 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. 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.458/2011, under Sections 147/148/149/427/506 of the IPC, registered at P.S.: Jagatpuri, Delhi and the proceedings

emanating therefrom are quashed, subject to the deposit of a sum of Rs.50,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.20,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.10,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.10,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and 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.

8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JULY 04, 2019 tp