Asha Soni & ANR v. Govt Of NCT Of Delhi& ANR

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6045/2018 ASHA SONI & ANR ..... Petitioners Through:

Counsel (name not given) versus GOVT OF NCT OF DELHI& ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.11.2019 Crl.M.A.48380/2018 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 6045/2018 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the respondent No.2, present in Court.

3.

Petitioner No.2 has executed a Special Power of Attorney (SPA) in favour of one Mr. Naveen Arora.

4.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.508/2015, under Sections 323/341/354/354-A/354-B/451/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: South Rohini, Delhi and the proceedings emanating therefrom.

5.

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 Compromise-cum-Settlement Deed dated 12.11.2018.

6.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that petitioner No.1 and respondent No.2 are real sisters and since the petitioners have tendered unconditional apology to her and has assured that the petitioners shall not indulge in such activities in future, she has now forgiven them and she has no objection to the petition being allowed and the FIR being quashed.

7.

Learned counsel for the petitioners further submitted that the petitioners are ready and willing to contribute a sum of Rs.10,000/- for some social beneficial cause in any trust or association. 8.

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 as well as the SPA.

9.

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 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.508/2015, under Sections 323/341/354/354-A/354B/451/34 of the IPC, registered at P.S.: South Rohini, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.10,000/- within two weeks by the petitioners, out of which Rs.5,000/- be deposited in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and Rs.5,000/- in the Delhi High Court Advocates' Welfare Trust 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 one week thereafter. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 10.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 22, 2019 rk