CRL.M.C./3634/2018 of SANGEETA RAWAT @ POOJA & ORS Vs THE STATE ( NCT ) OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3634/2018 & CRL.M.A. 28375/2018

SANGEETA RAWAT @ POOJA & ORS ..... Petitioners Through Ms.Rashi Agrawal, Adv. with Ms.Yamini Gupta, Adv.

versus

THE STATE ( NCT ) OF DELHI & ANR

..... Respondents Through Mr.Raghvinder Varma, APP for the State. SI Kamal Kishor, DIU South. Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R R21.10.2019

1. The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.232/2013, under Sections 451/452/323/341/34 of the Indian Penal Code, 1860 („IPC‟), registered at P.S.Malviya Nagar, New Delhi and the proceedings emanating therefrom.

2. Learned counsel for the petitioners has submitted that the cross case between the parties already stands quashed. Fresh affidavit of the respondent no.2 already stands filed.

3. The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on

their own free will, without any force or coercion before the Mediation Centre, Saket Courts, New Delhi on 25.10.2017.

4. Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to him and have assured that they shall not indulge in such activities again in future, he has now forgiven them and he has no objection to the petition being allowed and the FIR being quashed.

5. Learned counsel for the petitioners submitted that the petitioners are ready and willing to contribute sum of Rs.45,000/- 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 respondent No.2 and has also verified the settlement. IO also stated that no other criminal case is pending against the petitioners.

7. In view of the aforesaid circumstances, 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 in future. 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.232/2013, under Sections 451/452/323/341/34 IPC, registered at P.S.Malviya Nagar, New Delhi and the proceedings emanating therefrom are quashed, quashed subject to deposit of Rs.45,000/- to be paid by the petitioners within 14 days, out of which Rs.15,000/- be deposited in the Delhi High Court Advocates‟ Welfare Trust, Rs.15,000/- with the Delhi Police Martyrs‟ Fund, Account No.18200110036907, UCO Bank, IFSC Code:[REDACTED] and Rs.15,000/- 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. Pending application is also dismissed as withdrawn.

OCTOBER 21, 2019/aa

CHANDER SHEKHAR, J