Smt. Indu Singh & ORS. v. State Of Delhi & ANR.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4094/2018 & CRL.M.A. 10956/2019 SMT. INDU SINGH & ORS.

.... Petitioners Through:

Mr. Arvind Vashistha, Adv.

with the petitioners in person versus STATE OF DELHI & ANR.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Ravinder Singh, PS Najafgarh, Delhi Mr. Yogesh Saini and Mr.

Nitesh Sharma, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 21.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0149/2018 dated 6.6.2018, under Sections 452/323/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Deed of Settlement/Memorandum of Understanding dated 2.7.2018. 3.

Learned counsel for the petitioners submitted that the petition may be allowed and the FIR may be quashed, subject to any condition

whichever this Court may deem fit and proper. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that he has 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 respondent No.2 and has also verified the settlement.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, 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 be careful in future and to 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.0149/2018 dated 6.6.2018, under Sections 452/323/34 of the IPC, registered at P.S.: Najafgarh, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.

15,000/- to be paid by the petitioners within 14 days, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and receipts of the deposits be filed in the Registry within 21 days.

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.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J MAY 21, 2019/rk