Parul & ORS v. The State & ANR

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3995/2018 & CRL.M.A. 29618/2018 PARUL & ORS .... Petitioners Through:

Mr. R.K. Lamba, Adv. with the petitioners in person versus THE STATE & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with ASI Ajeet Singh, PS Mohan Garden, Delhi Ms. Shweta Tyagi, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.03.2019 CRL.M.A. 29618/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3995/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1316/2015 under Sections 354-A/509/506/452/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Uttam Nagar, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes and have entered into a Settlement Agreement dated

27.4.2016 on their own free will, without any force, pressure or coercion in terms whereof it was agreed between the parties that they would withdraw the criminal cases filed by them against each other. 3.

The parties, present in the Court, submitted that they may be given a chance to reform and reintegrate into the society as productive members and they assured the Court that they shall not involve in any criminal activity in future. The parties also assured the Court that they shall live peacefully and harmoniously. The learned counsel for the parties prayed that the petition may be allowed and the FIR may be 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. The IO further stated that apart from the cross-case, there is no other case pending against 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 and the fact that the parties have no criminal antecedents, this Court deems it proper to give them a chance to reform and reintegrate into society as productive members. Accordingly, in the interest of justice, FIR No. 1316/2015 under Sections 354-A/509/506/452/34 of the IPC, registered at Police Station Uttam Nagar, 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 25, 2019/rk