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High Court of DelhiCRL.M.C./4335/2018

Jasbir Sing @ Jassa & ORS v. State (NCT Of Delhi) & ANR.

2019-04-23Hon'Ble Mr. Justice Chander Shekhar3 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4335/2018 JASBIR SING @ JASSA & ORS ..... Petitioners Through:

Mr.

Rahul Chaudhary, Advocate versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Ashish Dutta, APP with SI Rahul Kumar, PS:Laxmi Nagar, Delhi Mr. Ajay Khatana & Mr. Jitin Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.815/2013, under Sections 323/341/506/504/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Shakarpur, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Mutual Settlement dated 2.2.2018.

3.

Respondent No.2, who is present in Court, has reiterated

the aforesaid facts and submitted that since the matter has been settled between the parties, he 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 also verified the settlement. The IO also stated that the petitioners have no other criminal antecedents. 5.

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. 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.815/2013, under Sections 323/341/506/504/34 of the IPC, registered at P.S.:Shakarpur, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.15,000/- within two weeks by the petitioners, 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/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and the 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. 6.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J APRIL 23, 2019 tp