Gagan Dua & ORS. v. The State Of Delhi & ORS.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4236/2018 GAGAN DUA & ORS.

..... Petitioners Through:

Mr. R.S. Juneja & Mr. Yogesh Kumar Rana, Advocates versus THE STATE OF DELHI & ORS.

..... Respondents Through:

Mr. Amit Chaddha, APP with SI Vikrant, PS:Geeta Colony, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.08.2019 CRL.M.A.30477/2018 Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4236/2018 1.

Issue notice. Notice is accepted by the learned APP for the State and by respondent Nos.2 to 4, who are present in Court.

2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.502/2017, under Sections 452/323/354/427/506/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Geeta Colony, Delhi and the proceedings emanating therefrom.

3.

The petitioners and their counsel as well as respondent Nos.2 to 4 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise Deed dated 31.7.2018.

3.

Respondent Nos.2 to 4, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter stands amicably settled, they have no objection to the petition being allowed and the FIR being quashed and to this effect, affidavits have been filed on behalf of respondent Nos.2 to 4. 4.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.35,000/- for some social beneficial cause and deposit the same in any trust or association.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 to 4 and has also verified the settlement. The IO also submitted that no other case is pending against the petitioners. 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 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.502/2017, under Sections 452/323/354/427/506/509/34 of the IPC, registered at P.S.: Geeta Colony, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.35,000/- to be paid by the petitioners within two weeks, out of which Rs.7,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.7,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.7,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.7,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and Rs.7,000/- in the Prime Minister Relief Fund and receipts of the deposits be filed in the Registry within three weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within three weeks. 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 AUGUST 23, 2019 tp