Narender Singh & ANR v. State ( NCT Of Delhi) & ORS

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5691/2018 & CRL.M.A.35930/2018 NARENDER SINGH & ANR ..... Petitioners Through:

Mr. D.P. Sehrawat, Advocate versus STATE ( NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Ashish Dutta,l APP with SI Lala Ram, PS:Lodhi Colony, New Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 10.04.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.50/2011, under Sections 451/354/323/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Lodhi Colony, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent Nos.2 and 3 submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Compromise Deed dated 31.10.2018. This is also evident from the proceedings dated 29.8.2018 before the learned Metropolitan Magistrate, South District, Saket Courts, New Delhi. Learned counsel for the parties further submitted that there is one cross-FIR between the parties and the matter is now fixed for hearing before the Trial Court on 12.4.2019. The

parties intend to compound that matter also.

3.

Learned counsel for the petitioners submitted that the petition may be allowed and the FIR be quashed, subject to any condition that this Court may deem fit and proper. 4.

Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter has been settled, they have no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 and 3 and has also verified the settlement. The IO also submitted that the parties have no criminal antecedents, except the present FIR and the cross-FIR.

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. 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.50/2011, under Sections 451/354/323/34 of the IPC, registered at P.S.:Lodhi Colony, Delhi are quashed, subject to deposit of a sum of Rs.25,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in

the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- in Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5000/- in Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and the receipts of the deposits be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two weeks. Learned counsel for the petitioners submitted that the petitioners are willing to contribute the aforesaid sum.

7.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J APRIL 10, 2019 tp