Vicky @ Vivek & ORS v. State ( NCT Of Delhi) & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6347/2018 VICKY @ VIVEK & ORS .... Petitioners Through Mr. Kameshwar Mishra, Adv.

with the petitioners in person versus STATE ( NCT OF DELHI) & ANR .... Respondents Through Mr.Mukesh Kumar, APP with SI Bahadur Singh Mr. Vipin Chaudhary, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 17.12.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.470/2015, under Sections 323/354/354-B/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Bhalswa Dairy, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Rohini Courts, Delhi dated 26.10.2018. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners and respondent No.2 are relative and they have settled the matter, she has no objection

to the petition being allowed and the FIR being quashed. 4.

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. 5.

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.

6.

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 the petitioners a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again. 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.470/2015, under Sections 323/354/354B/34 of the IPC, registered at P.S.: Bhalswa Dairy, Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.

15,000/- by the petitioners within 14 days, out of which Rs.5,000/- 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 and Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.

within 21 days. 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. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 17, 2019/rk