Gaurav Sharma & ORS v. State & ORS

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3726/2018 & CRL.M.A. 32715/2019 GAURAV SHARMA & ORS .... Petitioners Through Mr. Bhupesh Narula and Ms.Rinku Narula, Advs.

versus STATE & ORS .... Respondents Through Mr.Amit Chadha, APP with SI Vipin Kumar Mr. Sunny Arora, Adv. for R-2 to 5 R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 05.11.2019 CRL.M.A.32715/2019 (for impleadment) In view of the cause submitted in the application, Mr. Krishan Rastogi, Mrs. Mamta and Ms. Madhushree are impleaded as respondent Nos.3, 4 and 5, respectively. Amended memo of parties is taken on record. Application stands disposed of. CRL.M.C. 3726/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.156/2012, under Sections 452/323/427/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: North Kotwali, Delhi and the proceedings emanating therefrom.

2.

Special power of attorney executed by respondent Nos.3 to 5 in favour of the respondent No.2 already filed on record.

3.

The petitioners and the respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Compromise Deed on 26.5.2018.

4.

Respondent No.2, on his own, as well as on behalf of respondent Nos.3 to 5 (being Special power of attorney holder of respondent Nos.3 to 5) reiterated the aforesaid facts and submitted that since the matter stands settled, he and the respondent Nos.3 to 5 have no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as the respondent No.2 and has also verified the settlement arrived at between the parties as well as the Special Power of Attorneys.

6.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.30,000/- for some social beneficial cause in any trust or association. 7.

In view of the aforesaid circumstances and the settlement arrived at between the parties, 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.156/2012, under Sections 452/323/427/506/34 of the IPC, registered at P.S.: North Kotwali, Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.30,000/- by the petitioners within 14 days, out of which Rs.10,000/- be deposited

in the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- 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 NOVEMBER 05, 2019/rk