Lajpat Rai Dargan & ANR v. State & ANR.

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5582/2018 & Crl.MA 35512/2018 LAJPAT RAI DARGAN & ANR ..... Petitioners Through:

Ms. Priyanka Toppo, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Panna Lal Sharma, APP with SI Pradeep, PS:Begumpur, Delhi Ms. Hanshika, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.03.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.392/2014, under Sections 420/120B of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Begumpur, 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 Memorandum of Understanding dated 8.11.2014. 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, she 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 has also verified the settlement arrived at between the parties. The IO has also stated that the parties have no criminal case pending against each other and have no criminal antecedents. 5.

In view of the aforesaid facts and circumstances and the settlement arrived at between the parties, I deem it appropriate to give a chance to the petitioners 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. 392/2014, under Sections 420/120B of the IPC, registered at P.S.: Begumpur, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.50,000/- within two weeks by the petitioners, out of which Rs.20,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.20,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.

10,000/- in the Delhi High Court Advocates' Welfare Trust. 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. Pending application is also disposed of CHANDER SHEKHAR, J MARCH 18, 2019 tp