Murari Lal Madaan v. State & ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5593/2018 MURARI LAL MADAAN& ANR.

..... Petitioners Through:

Mr. Gaurav Gupta & Mr.

Kartik Sethi, Advocates versus STATE & ANR.

..... Respondents Through:

Mr.Ashish Dutta, APP with SI Gajender, PS:Bawana, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 09.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.111/2013, under Sections 420/120B/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Bawana, Delhi and the proceedings emanating therefrom. 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 before the Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement/Agreement dated 7.11.2017, which is also evident from the order dated 13.2.2018, placed on record. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since he has received the sum of Rs.11,00,000/- and nothing is due and payable from the

petitioners, he has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.

5.

Learned APP, through 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.

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 not indulge in such activities again in future. 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. 111/2013, under Sections 420/120B/34 of the IPC, registered at P.S.:Bawana, Delhi and all 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.10,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.10,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.10,000/- 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.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 09, 2019 tp