Asgar Khan & ORS v. The State Of Delhi & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5948/2018 ASGAR KHAN & ORS ..... Petitioners Through:

Mr. A.K. Chadha, Advocate versus THE STATE OF DELHI & ANR ..... Respondents Through:

Mr. Amit Chaddha, APP Mr. Rahul Tiwari, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 07.08.2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2. 2.

The petitioners have filed the present petitions under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.239/2017, under Sections 354/506/509/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Keshav Puram, Delhi and the proceedings emanating therefrom.

3.

Learned counsel for the parties submitted that, in terms of the settlement, FIR No.213/2017, under Sections 323/341/34 and FIR No.282/2017, under Sections 509/506/34 of the IPC, both registered at PS:Keshav Puram stand quashed by HMJ I.S. Mehta, vide order dated 10.7.2019.

4.

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 Compromise Deed dated 30.7.2018.

5.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter has been settled, she has no objection to the FIR being quashed and the petition being allowed.

6.

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. Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.15,000/- for some social beneficial cause in any trust or association.

7.

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.

8.

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. 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.239/2017, under Sections 354/506/509/34 of the IPC, registered at P.S.:Keshav Puram, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.15,000/- within two weeks by the petitioners, out of which Rs.5,000/- be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- 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 two 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. 9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J AUGUST 07, 2019 tp