Sanjeev Kumar Gupta & ORS v. Govt Of NCT Of Delhi & ANR
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6171/2018 & CRL.M.A. 48878/2018 SANJEEV KUMAR GUPTA & ORS ..... Petitioners Through Mr. Lalit Gupta, Petitiner in person versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Panna Lal Shama, APP for the State with ASI Ram Lal Lakhan, PS Roop Nagar Mr. Himank Ahuja, Advocate for R-2 alongwith R-2
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 16.07.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.32/2018, under Sections 354A/509 of the Indian Penal Code, 1860 („IPC‟), registered at P.S. Roop Nagar, Delhi and the proceedings emanating therefrom. 2.
The petitioners and the respondent No.2 as well as their respective counsel submitted that the parties have orally settled their disputes on their own free will, without any force or coercion.
3.
Respondent No.2, who is present in Court, has reiterated
the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to her and have assured that they 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.
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.
5.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute any amount whichever this Court may deem fit and proper for some social beneficial cause in any trust or association. 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 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.32/2018, under Sections 354A/509 of the Indian Penal Code, 1860 („IPC‟), registered at P.S. Roop Nagar, Delhi, and all the proceedings emanating therefrom are quashed, subject to
deposit of a sum of Rs.20,000/- within four weeks by the petitioners, out of which Rs.5,000/- be deposited in the Bharat Ke Veer Corpus Fund and Rs.5,000/- in the Delhi High Court Advocates‟ Welfare Trust, Rs.5,000/- in Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and Rs.5,000/- in Delhi Police Martyrs‟ Fund, Account No.18200110036907 and the receipts of the deposits be filed in the Registry within four weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within two 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. Pending application is also disposed of.
CHANDER SHEKHAR, J JULY 16, 2019/rr