Ram Murti Sharma & ORS v. Govt Of NCT Of Delhi & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4843/2018 RAM MURTI SHARMA & ORS ..... Petitioners Through Mr. Kartikay Mathur, Advocate versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Mukesh Kumar, APP with SI Pushpendra Mr. Madan Lal, Secretary of RCORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 27.09.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of Complaint Case No.158-B/2/2013 under Section 200 of the Code of Criminal Procedure, 1973 for the offence punishable under Section 380 of the Indian Penal Code, 1860 pending in the Court of learned Chief Metropolitan Magistrate, Central Delhi.

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 Memorandum of Settlement dated 21.8.2018.

3.

Mr. Madan Lal, Secretary of respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted

that since the matter has been settled, he has no objection to the petition being allowed and the complaint case being quashed. 4.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.10,000/- 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 and the Secretary of respondent No.2 and has also verified the settlement.

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 aforesaid facts and 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, Complaint Case No.158-B/2/2013 under Section 200 of the Code of Criminal Procedure, 1973 for the offence punishable under Section 380 of the Indian Penal Code, 1860 pending in the Court of learned Chief Metropolitan Magistrate, Central Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.10,000/- to be

deposited by the petitioners within two weeks, out of which Rs.5,000/- be deposited with the Delhi High Court Advocates' Welfare Trust and Rs.5,000/- with the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court 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. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J SEPTEMBER 27, 2019 rr