Bhupal Singh & Ors vs Nct Of Delhi &Ors
2012 Latest Caselaw 352 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+        CRL.M.C. 3593/2011

%               Judgment delivered on:18th January, 2012


         BHUPAL SINGH & ORS.                ..... Petitioner
                      Through : Mr. Surender Singh, Adv.

                        versus


         NCT OF DELHI &ORS.                ..... Respondent
                       Through : Ms. Rajdipa Behura, APP for State.


CORAM:
HON'BLE MR. JUSTICE SURESH KAIT



SURESH KAIT, J. (Oral)

1        Notice issued
2        Ms. Rajdipa Behura, learned APP for State accepts notice on behalf of
State.
3        Learned counsel for the petitioners submits that vide FIR No. 230

dated 13.08.2011, a case under Sections 394/323/506/342/34 Indian Penal Code, 1860 was registered at P.S. Dwarka, South Delhi against the petitioners on the complaint of respondent No.2/complainant. 4 Further submits that the matter has been amicably settled between the

parties and they do not want to pursue the case further. 5 Respondent No. 2 Jai Singh is personally present in the court today. He submits that the disputes between him and the petitioners have been settled and he does not want to pursue the FIR. He has no objection if the instant FIR is quashed.

6 Learned APP for State submits that the investigation in the case is still going on and Charge-sheet has not been filed in the learned trial court. 7 She further submits that in the process, the Government Machinery has been mis-used and precious time of the court has been consumed and, if, this court is inclined to quash the FIR, heavy costs shall be imposed on the petitioners.

8 Learned counsel for the petitioners submits that the petitioners are serving as Waiters in "Fire and Ice Bar and Restaurant", Sector 10, Dwarka, Delhi and they are not able to pay costs as they are getting a meagre salary. He further submits that upon instructions of the Owner of the Restaurant, the owner is willing to pay Rs.50,000/- towards welfare schemes. 9 I appreciate this gesture of owner of the Restaurant. Accordingly, he is directed to deposit an amount of Rs.50,000/- in FDR, in favour of the Head Master/Principal, Middle School for Deaf, Sector 4, Rohini, Delhi. The proof of the payment of costs shall be placed on record within 02 weeks from today.

10 The principal/Head Master is directed to keep the above mentioned amount in FDR initially for 02 years with any Nationalized Bank and thereafter, get it renewed periodically. The interest accrued thereon shall be utilized for the well being of the needy children of the school.

15 Accordingly, in view of above discussion and in the interest of justice, I quash the FIR No. 230/2011 registered at P.S. Dwarka South, Delhi and all the proceedings emanating therefrom.

16 Criminal M.C. 3593/2011 is disposed of in the above terms.

17    Dasti.



                                       SURESH KAIT, J

JANUARY 18, 2012
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