Jawahar Lal Arora & Anr vs State & Ors.
2011 Latest Caselaw 5875 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CRL.M.C. No. 3850/2011

%           Judgment delivered on: 01st December, 2011

JAWAHAR LAL ARORA & ANR                ..... Petitioners
                Through : Mr.Neeraj Gupta, Adv

                    versus

STATE & ORS.                                             ..... Respondents
                             Through : Mr.Navin Sharma, APP for
                             State/Respondent No.1 with SI Mahabir,
                             police station Prashant Vihar, in person.
                             Mr.Asit Tewari, Adv for respondent Nos.2 &
                             2 with both respondents in person.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT


SURESH KAIT, J. (Oral)

Crl.M.A.18245/2011(exemption)

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

+ CRL.M.C. No. 3850/2011

1. Learned counsel for the petitioners submits that vide FIR No.79/2010, dated 05.03.2010 case under Section 420 Indian Penal Code, 1860 was registered at police station Prashant Vihar, Delhi

against the petitioners on the complaint of respondent No.2 Smt.Bala Garg. Respndent No.3/Sh.Surender Garg, husband of respondent No.2 is also stated to have been aggrieved by the acts of the petitioners.

2. Learned counsel for the petitioner further submitted that vide MOU dated 17.10.2011, respondent Nos.2 & 3 have amicably settled all the issues with the petitioners qua the aforesaid FIR. Therefore, they do not wish to pursue their case any further.

3. Respondent Nos.2 & 3 are personally present in the Court with their counsel Mr.Asit Tiwari. On instructions, from both respondents, learned counsel submits that they do not want to pursue the present case and they have no objection, if the present FIR is quashed.

4. Learned APP on instructions submits that on completion of the investigation, charge-sheet has since been filed before learned Trial Court and matter is pending for consideration on charge.

5. Further submitted that since the government machinery has been used and precious time of the Court has been consumed, heavy costs should be imposed upon the petitioners, if the Court is inclined to quash the present FIR.

6. Keeping the MOU dated 17.10.2011 and the fact that respondent Nos.2 & 3 do not wish to pursue their case against the petitioners, into view, FIR No.79/2010, registered at police station Prashant Vihar, Delhi against the petitioners and emanating proceedings thereto are hereby quashed.

7. I find force in the submission of learned APP for State on the aspect of putting the petitioners to some terms.

8. Learned counsel for the petitioners, on instructions from both petitioners submits that they are ready to contribute a sum of ` 50,000/- for some welfare purposes.

9. Accordingly, both petitioners are directed to deposit aforesaid sum of ` 50,000/- in favour of 'Delhi Police Welfare Fund' at Police Head Quarters, I.P. Estate, New Delhi, within two weeks from today. Proof, in original thereof shall be placed on the record by them.

10. In view of above, Criminal M.C.No.3850/2011 is allowed and stands disposed of.

11. Dasti.

SURESH KAIT, J

DECEMBER 01, 2011 Mk