Anshum Anand & ANR. v. State & ANR.
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 31/2018 ANSHUM ANAND & ANR.
.... Petitioners Through Mr. Arush Khanna and Mr.
Lakshay Mehta, Advs. with the petitioners in person versus STATE & ANR.
.... Respondents Through Mr. Raghuvinder Verma, APP with SI Vishvender Directors of R-2 in person with counsel
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R
% 18.09.2019 1.
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0264/2017 dated 6.8.2017, under Sections 408/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Paharganj, Delhi and the proceedings emanating therefrom.
2.
The petitioners, the Directors of the respondent No.2-Company as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi High Court Mediation and Conciliation Centre on 16.11.2017.
3.
Affidavits stand filed by Mr. B.K. Arora and Mr. Mushtaq Ali,
Directors of the respondent No.2-Company on behalf of respondent No.2.
4.
Mr. B.K. Arora and Mr. Mushtaq Ali, Directors of the respondent No.2-Company, who are present in Court, have reiterated the aforesaid facts and submitted that in terms of the settlement arrived at between the parties, they have no objection to the petition being allowed and the FIR being quashed. Mr. B.K. Arora and Mr. Mushtaq Ali, Directors of the respondent No.2-Company submitted that they have already placed on record the Resolution, authorising them to settle the matter in relation to the quashing of the FIR in question.
5.
Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.20,000/- for some social beneficial cause in any trust or association. 6.
The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as the Directors of respondent No.2Company and has also verified the settlement and the Resolution. 7.
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 to not indulge in such activities again. Taking into consideration the aforesaid facts and the remorseful attitude of the petitioners, this Court is 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.0264/2017 dated 6.8.2017, under Sections 408/34 of the IPC, registered at P.S.: Paharganj, Delhi and the proceedings emanating therefrom are quashed, subject to cost of Rs.20,000/- to be deposited by the petitioners within 14 days, out of which Rs.4,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.4,000/- in the Delhi High Court Advocates' Welfare Trust, Rs.4,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.4,000/- in Prime Minister's National Relief Fund (PMNRF) and Rs.4,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court and receipts of the deposits be filed in the Registry within 21 days. Copy of the receipts shall also be handed over to the APP through the I.O. within 21 days. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders.
8.
Petition is disposed of in above terms.
CHANDER SHEKHAR, J SEPTEMBER 18, 2019/rk