Mohd Ikhlakh & ORS v. State & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4244/2018 MOHD IKHLAKH & ORS ..... Petitioners Through:

Counsel (name not given) versus STATE & ANR.

..... Respondents Through:

Mr. Amit Chaddha, APP Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.01.2020 CRL.M.As.30492/2018, 30502/2019(for exemption) Allowed, subject to all just exceptions. Applications stand disposed of.

CRL.M.C.4244/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1754/2015, under Sections 323/354/ 506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Mehrauli, 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 vide Compromise Deed dated 26.5.2018.

3.

Respondent No.2, who is present in Court with her father, has reiterated the aforesaid facts and submitted that since

the matter stands settled with the petitioners, she has no objection to the petition being allowed and the present 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. IO also stated that no other criminal case is pending against the petitioners.

5.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause in any trust or association.

6.

In view of the aforesaid circumstances, 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 to indulge in such activities again. Taking into consideration the aforesaid facts and the remorseful attitude of the petitioners, 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.1754/2015, under Sections 323/354/ 506/34 of the IPC, registered at P.S.: Mehrauli, Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.20,000/- by the petitioners within 14 days, out of which Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust,

Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the High Court of Delhi Middle Income Group Legal Aid Society, UCO Bank, Account No.15530110135488 and Rs.5,000/- in the Delhi High Court Bar Association Lawyers Social Security & Welfare Fund 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 one week thereafter. 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.

CHANDER SHEKHAR, J JANUARY 13, 2020 tp