S.K. Gupta & ORS. v. State & ANR.
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5161/2018 S.K. GUPTA & ORS.
.... Petitioners Through Mr. Sushil Kumar Pandey and Mr. Ravi Shukla, Advs. with the petitioners in person versus STATE & ANR.
.... Respondents Through Mr. Raghuvinder Verma, APP with SI Manmohan, PS Dwarka South, Delhi Mr. Ashwani Kr. Sharma, Adv.
for respondent No.2 with the respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 30.07.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.551/2017, under Section 420 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom.
2.
The petitioners and respondent No.2 as well as learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding/Settlement Deed dated 25.6.2018.
3.
Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have already paid the entire amount to her and now nothing remains due from the petitioners. Respondent No.2 further submitted that, she has no objection to the petition being allowed and the FIR being quashed. 4.
Learned counsel for the petitioners submitted that in view of the no objection from the respondent No.2, the present petition may be allowed and the FIR may be quashed.
5.
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. The IO also stated that no other criminal case is pending against the petitioners.
6.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.1 lac for some social beneficial cause in any trust or association. 7.
In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socioeconomic background of the petitioners, I deem it appropriate to give the petitioners 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.551/2017, under Section 420 of the IPC,
registered at P.S.: Dwarka South, Delhi and the proceedings emanating therefrom are quashed subject to cost of Rs.1,00,000/- to be paid by the petitioners within 14 days, out of which Rs.20,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.20,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.20,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.20,000/- Prime Minister's National Relief Fund (PMNRF) and Rs.20,000/- in 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.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J JULY 30, 2019/rk