Pritpal Singh Chawla & Ors vs State
2012 Latest Caselaw 275 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 132/2012

%              Judgment delivered on: 13th January, 2012

PRITPAL SINGH CHAWLA & ORS ..... Petitioner
                  Through:      Mr.Paramjit Singh, Adv. for
                  petitioners no. 1 to 3.
                  Mr. Mukesh Hooda, Adv. for petitioner no. 4.

                           versus

STATE                                        ..... Respondent
                           Through: Mr.Navin Sharma, APP for State.
                           Inspr. Mangesh, PS-Jyoti Nagar, Distt. (NE).
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

+      Crl. M.C. 132/2012

1.     Notice issued.

2. Ld. APP accepts notice on behalf of the State.

3. Ld. Counsel for the petitioner submits that vide FIR no. 224 dated 29.05.2011, case under Section 406 / 420/34 Indian Penal Code, 1860 was registered against the petitioner no. 1 to 3 on the complaint of petitioner no. 4 at PS-Jyoti Nagar.

4. I note that instant petition has been filed jointly by the petitioners / accused and the complainant.

5. Ld. Counsel for the petitioners submit that petitioner no. 4 has

amicably settled all the disputes qua the aforesaid FIR against petitioners no. 1 to 3 and he is no more interested to pursue the case further.

6. Petitioner no. 4 is personally present in the court and produced his Voter I-Card bearing no. DL/04/047/186770 issued by Election Commission of India. Inspector Mangesh, who is present in the Court has identified petitioner no. 4 / Complainant as Sanjay Kumar, S/o, Sh. Mahender Kumar. Petitioner no. 4 submits that he is no more interested to pursue the case further as he has settled all the issues against the petitioners and if the present FIR is quashed, he has no objection.

7. Ld. APP on the other hand submits that case is pending for investigation and if this Court is inclined to quash the FIR, heavy cost be imposed on petitioners no. 1-3 as in this process, Government machinery has been pressed into and precious time of the court has been consumed.

8. Keeping in view the statement of petitioner no. 4 / complainant into view, I quash FIR No. 224/2011 of PS-Jyoti Nagar.

9. However, since I found force in the submission of Ld. APP, I direct the petitioners no. 1 to 3 to pay some amount for the welfare purposes.

10. Mr. Paramjit Singh, ld. Counsel for the petitioners has come forward and submits that petitioner no. 1 to 3 wish to donate Rs.1,00,000/- for some welfare purposes. I appreciate this gesture. Therefore, Petitioners no. 1 and 3 are directed to pay Rs.40,000/- each in favour of "Bar Council of Delhi Indigent & Disabled Lawyers

Account" and petitioner no. 2 shall pay Rs.20,000/- in favour of the aforementioned account. Said amount shall be deposited within 2 weeks from today. Proof of the same shall be placed on record.

11. Crl.M.C.132/2012 is allowed on the above terms.

12. Dasti.

SURESH KAIT, J

JANUARY 13, 2012 jg