Roma Devi & ORS. v. State & ANR.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6349/2018 ROMA DEVI & ORS.

.... Petitioners Through:

Mr. R.K. Sonkiya, Adv. with petitioners in person versus STATE & ANR.

.... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Bhopal Singh, PS Shakarpur, Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.01.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.197/2018 under Sections 420/467/468/471/448/120-B of the Indian Penal Code, 1860 (IPC), registered at Police Station Shakarpur, New Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes vide a Compromise Deed dated 9.1.2019 in pursuance whereof, the respondent No.2 has paid a sum of Rs.10,00,000/- to the petitioner No.1.

3.

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 arrived at between the parties. 4.

The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the respondent No.2 has paid a sum of Rs.10,00,000/- to the petitioner No.1. Respondent No.2 submitted that in terms of the settlement arrived at between the parties, he has no objection to the quashing of the FIR and the petition being allowed. 5.

The parties present in the Court submitted that they shall not indulge in any criminal activity in future and they may be allowed to live as honourable citizens and they shall be bound by the terms and conditions of the settlement arrived at between them. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties, 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. 197/2018 under Sections 420/467/468/471/448/120-B of the IPC, registered at Police Station Shakarpur, New Delhi and all the consequential proceedings arising out of the FIR are quashed subject to the condition that the petitioners shall deposit, within ten days, a sum of Rs.25,000/- in the Delhi High Court Advocates‟ Welfare Trust and respondent No.2 shall also deposit, within ten days, a sum of Rs.25,000/- in the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820 and the receipts of the said deposit be filed in the Registry within 3 weeks and a copy of the said receipts

shall also be handed over to the APP through the I.O. within 3 weeks. In case the petitioners and respondent No.2 fail to deposit the aforesaid amount, the prosecution shall be entitled to move an application for passing appropriate orders.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J JANUARY 15, 2019/rk