CRL.M.C./1895/2019 of RAKESH SHARMA & ORS. Vs STATE & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 1895/2019 RAKESH SHARMA & ORS. ..... Petitioners RAKESH SHARMA & ORS. ..... Petitioners

..... Petitioners Through: Mr. Rajeev Sirohi & Mr.Bijan Kumar Singh, Advocates

versus

STATE & ORS. ..... Respondents

Through: Mr. Ashish Dutta, APP Mr. Satish Kumar, Advocate for respondent Nos.2&3 Mr. Satish Kumar, Advocate for respondent Nos.2&3

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R R% 15.05.2019

1. Status report stands filed.

2. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.786/2015, under Sections 365/323/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Safdarjung Enclave, Delhi and the proceedings emanating therefrom.

3. The petitioners and respondent Nos.2 and 3 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion vide Memorandum of Understanding (MoU) dated 25.2.2019.

4. Respondent Nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that since the matter has been settled, they have no objection to the petition being allowed and the FIR being quashed.

5. Learned counsel for the petitioners submitted that the present petition may be allowed and the FIR may be quashed, subject to any condition that this Court may deem fit and proper.

6. The Investigating Officer (‘IO’), who is present in Court, has identified the petitioners as well as respondent Nos.2 and 3 and has also verified the MoU. The IO also stated that no criminal cases are pending against the petitioners.

7. In view of the aforesaid circumstances and the settlement arrived at between the parties and taking into consideration the age and socio-economic background of the petitioners, I deem it appropriate to give them chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and 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.786/2015, under Sections 365/323/34 of the IPC, registered at P.S.: Safdarjung Enclave, Delhi and the proceedings emanating therefrom are quashed, subject to the

deposit of sum of Rs.25,000/- within two weeks by the petitioners, out of which Rs.10,000/- be deposited in the Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Delhi Police Martyrs’ Fund, Account No.18200110036907, UCO Bank, IFSC Code:[REDACTED] and Rs.5,000/- in the Delhi High Court Advocates’ Welfare Trust and Rs.5,000/- in the Delhi High Court Staff Welfare Fund, SB A/c No.15530110074442 and receipts of the deposits be filed in the Registry within three weeks. 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.

8. Petition is disposed of in above terms.

MAY 15, 2019 tp

CHANDER SHEKHAR, J