Satpal Singh & ORS. v. State & ANR.

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6124/2018 SATPAL SINGH & ORS.

..... Petitioners Through:

Mr. Satvik Verma & Mr. Nipun Gautam, Advocates versus STATE & ANR.

..... Respondents Through:

Mr. Kamal Kumar Ghai, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 30.01.2019 CRL.M.C. 6124/2018 & CRL.M.A. 48713/2018 1.

A copy of the authorisation letter has been filed on behalf of AIIMS, authorising Respondent No.2/Mr. Deepak Kumar Karir, Deputy Chief Security Officer to represent the AIIMS in this petition for settlement before this Court, stating therein that the AIIMS has no objection for settlement of the said case. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.782/2014, under Sections 186/353/332/323/506/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Delhi Medicare Service Personnel Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 (DMSPMSI Act) and Section 3 of Prevention of Damage to Public Property Act, 1984 (PDPP Act), registered at P.S.: Hauz Khas, Delhi and the proceedings

emanating therefrom.

3.

The petitioners and their counsel as well as respondent Nos.2 to 5, present in Court, submitted that the parties have settled their disputes on their own free will, without any force or coercion, vide settlement dated 4.5.2018 before the Mediation Centre, Saket Courts, New Delhi. Respondents Nos. 2 to 5 submitted that they are employees of the AIIMS and are well-aware of the Settlement and have placed a copy of the authorisation letter from the AIIMS. They further submitted that they have no objection to the petition being allowed and the FIR being quashed. Learned APP for the State has gone through the authorisation letter and has also verified about the same.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 to 5 and has also verified the Settlement.

5.

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 parties, I deem it appropriate to give a chance to the petitioners to reform and to 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.782/2014, under Sections 186/353/332/323/506/34 of the IPC and Section 4 of

the DMSPMSI Act and Section 3 of the PDPP Act, registered at P.S.: Hauz Khas, Delhi and the proceedings emanating therefrom are quashed, subject to deposit of a sum of Rs.25,000/- within 10 days by the petitioners, out of which Rs.20,000/- be deposited in the EST Fund, AIIMS and Rs. 5,000/- with the Delhi High Court Advocates' Welfare Trust and the receipts of the deposit be filed in the Registry within three weeks. A 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. 6.

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

Dasti.

CHANDER SHEKHAR, J JANUARY 30, 2019 tp