Rohtash & ORS. v. The State & Others

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3950/2018 & CRL.M.A. 29430/2018 ROHTASH & ORS.

.... Petitioners Through:

Mr. Atul Kumar and Mr. G.S.

Nagar, Advs.

versus THE STATE & OTHERS .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Rambir Singh, PS Subzi Mandi, Delhi R-2 in person with her father

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 26.03.2019 CRL.M.A. 29430/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3950/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.200/2015 under Sections 323/341/354/506/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Subzi Mandi, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2, present in the Court along with her father, as well as the learned counsel for the petitioners submitted that the parties have settled their disputes and have entered

into a Settlement/Agreement dated 22.8.2016 on their own free will, without any force, pressure or coercion.

3.

Respondent No.2, present in the Court, submitted that the petitioners have already tendered unconditional apology to her and in view of the unconditional apology tendered by the petitioners, she has forgiven them and does not want to continue proceedings against the petitioners. Respondent No.2 further submitted that she has 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 No.2 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 as well as taking into consideration the age of the petitioners and the socio-economic condition, this Court deems it proper to give them a chance to reform and reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No. 200/2015 under Sections 323/341/354/506/34 of the IPC, registered at Police Station Subzi Mandi, New Delhi and all the consequential proceedings arising out of the FIR 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 Police Martyrs'

Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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.

6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 26, 2019/rk