Divya Sethi & ORS v. The State & ORS

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6287/2018 & Crl.M.A.49405/2018 DIVYA SETHI & ORS .... Petitioners Through Mr. Mukesh Anand and Mr.Krishan Kumar, Advs. with the petitioners in person versus THE STATE & ORS .... Respondents Through Mr. Mukesh Kumar, APP with SI KiranPal Mr. S.P.Nangia, Adv. for R-2 & 3 with R-2 & 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 11.12.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.399/2013, under Sections 420/120-B/174-A/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Jagatpuri, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent Nos.2 & 3 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 1.5.2015.

3.

Respondent Nos.2 & 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter stands

settled, they have 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 Nos.2 & 3 and has also verified the settlement.

5.

Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.5,000/- 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 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.399/2013, under Sections 420/120-B/174A/34 of the IPC, registered at P.S.: Jagatpuri, Delhi and the proceedings emanating therefrom are quashed subject to deposit of Rs.

5,000/- by the petitioners within 14 days in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and receipt of the deposit be filed in the Registry within 21 days. Copy of the receipt shall also be handed over to the APP through the I.O. within one week thereafter.

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 DECEMBER 11, 2019/rk