Delhi High Court
Ms. Deepa Arya vs The State & Anr. on 14 August, 2019
$~35, 38,39,40 & 41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14.08.2019
+ W.P.(CRL) 2627/2018 & Crl. M.A. 31326/2018, 33540/2018,
2703- 2704/2019, 11227/2019
PURNIMA UPPAL & ORS ..... Petitioners
versus
STATE (NCT OF DELHI) & ANR ..... Respondents
+ W.P.(CRL) 1545/2019
DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR ..... Respondents
+ W.P.(CRL) 1546/2019
MS. DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR ..... Respondents
+ W.P.(CRL) 1548/2019
DEEPA ARYA ..... Petitioner
versus
THE STATE & ANR ..... Respondents
+ W.P.(CRL) 1550/2019
DEEPA ARYA ..... Petitioner
versus
W.P. (CRL) 2627/2018 & other connected matters Page 1 of 7
THE STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vipin Kumar Anand & Mr. Jhakur Sumit,
Advs. Mr. Prashant Sharma, Adv. with petitioners
in person.
For the Respondent: Mr. Rahul Mehra, Standing Counsel with Mr.
Hirein Sharma, Addl. PP for the State with ACP
V.K. Pandey, Inspr. Mukesh Singh, Inspr. Bhushan
Azad, Inspr. Lokesh Sharma and Inspr. Anil Kumar,
SI Brijesh and SI Rachna, PS Sabzi Mandi
Mr. Vipin Kumar Anand & Mr. Jhakur Sumit,
Advs. For R-2
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners, in W.P. (Crl.) 2627/2018, seek quashing of FIR No.
14/2018 under Sections 387/454/427/354-D506/509/120-B IPC
registered at Police Station Special Cell. subject FIR was registered on
the complaint of Ms. Deepa Arya against the petitioners as also
against SI Naresh Kumar alleging house-breaking, assault, abduction,
threatening and intimidation on the ground that the petitioners had at
the instigation of her brother entered into a conspiracy to interfere in
her ownership rights in a property gifted to her by her mother.
2. Ms. Deepa Arya Petitioner, in W.P. (Crl.) 1545/2019, seeks
quashing of FIR No. 82/2017 under Sections 387/509 IPC registered
at Police Station Safdarjung Enclave. She in W.P. (Crl.) 1546/2019,
seeks quashing of NCR No. 55/2018 under Section 500 IPC registered
at Police Station Sabzi Mandi. In W.P. (Crl.) 1548/2019, she seeks
quashing of FIR No. 242/2018 under Section 379 IPC registered at
Police Station Sabzi Mandi and further in W.P. (Crl.) 1550/2019, she
seeks quashing of NCR No. 90/2017 under Section 506 IPC registered
at Police Station Safdarjung Enclave. Said FIRs are FIRs/Non
Cognizable Reports on the complaint of the Petitioners in W.P. Crl.
2627/2018.
3. Subject FIRs/NCRs emanate out of a family disputes and the
petitioners and the respective complainants are members of the
extended family.
4. Since parties are members of the extended family, they were
referred to Delhi High Court Mediation and conciliation Centre.
Parties have entered into settlement dated 15.05.2019, whereby all
disputes inter-se the parties have been resolved.
5. Petitioners as also complainant - Ms. Deepa Arya are present in
Court in person. They confirm the settlement agreement dated
15.05.2019 and undertake that they shall abide by the terms and
conditions of the said settlement agreement. The undertaking is
accepted.
6. Ms. Deepa Arya further submits that since she has settled with
the petitioners she does not wish to prosecute and charges or the
allegations against the petitioners and also Sub Inspector Naresh
Kumar.
7. As per the settlement agreement, a sum of Rs. 15 lakhs is to be
paid to Ms. Deepa Arya, complainant in the first installment. Said
settlement amount of Rs. 15 lakhs has been paid in Court today by
way of Pay Orders bearing Nos. 334508 dated 07.07.2019 for a sum
of Rs. 5 lakhs issued by Oriental Bank of Commerce, 655898 dated
11.07.2019 for a sum of Rs. 5 lakhs issued by Allahabad Bank and
655897 dated 11.07.2019 for a sum of Rs. 5 lakhs issued by
Allahabad Bank favouring Ms. Deepa Arya.
8. It is undertaken by the petitioners in W.P. Crl. 2627/2018 that
as per the settlement agreement, the guards placed by the petitioners
in premises No. 3/5 Rani Jhansi Road, Pahar Ganj, New Delhi shall be
removed during the course of the day and the vacant peaceful
possession of the premises, presently under their lock and key, shall
be handed over to Ms. Deepa Arya on the conclusion of terms and
conditions of this settlement. This undertaking is also accepted.
9. In view of the fact that the parties are family members and have
resolved their disputes and the respective complainants do not wish to
press their complaints, continuation of criminal proceedings will be an
exercise in futility and justice in the case demands that the dispute
between the parties is put to an end and peace is restored; securing the
ends of justice being the ultimate guiding factor. It would be
expedient to quash the subject FIRs and the consequent proceedings
emanating there from.
10. Accordingly, the petitions are allowed. FIR No. 14/2018, under
Sections 387/454/427/354-D/506/509/365/120-B/34 of the IPC Police
Station Special Cell, FIR No. 82/2017 under Sections 387/509 of the
IPC at Police Station Safdarjung Enclave, NCR No. 55/2018 under
Section 500 IPC Police Station Sabzi Mandi, FIR No. 242/2018 under
Section 379 IPC Police Station Sabzi Mandi and NCR No. 90/2017
under Section 506 IPC Police Station Safdarjung Enclave and the
consequent proceedings emanating there from are quashed.
11. Petitioners have volunteered to contribute to the society by
planting trees. Accordingly it is directed that Ms. Deepa Arya shall
plant 100 trees and Ms. Purnima Uppal, Mr. S.M. Goel, Mr. Gaurav
Goel and Sub Inspector Naresh Kumar shall each plant 50 trees within
a period of two weeks from today.
12. Petitioners, for the aforesaid purpose shall report to the Deputy
Conservator of Forests (West), who shall assign them duty to plant the
trees in Central Ridge Reserve Forest, Budha Jayanti Park,
Vandemataram Marg, New Delhi. The plants/trees shall be of
deciduous indigenous variety with a nursery age of three and a half
years, and a height of at least six feet. Depending upon the soil type
and topography, the DCF may consider the following types of trees
for plantation:-
(i) Gular (Cluster Fig) (ii) Kadamba
(Burflower Tree)
(iii) Pilkhan (White Fig) (iv) Jaamun (Black
Plum)
(v) Bargad (Banyan (vi) Mango
Tree)
(vii) Amaltas (Golden (viii) Mahua (Butter Tree)
Shower) [Indian Laburnum]
(ix) Putranjiva (x) Badh
(xi) Sagwan (Teak Wood) (xii) Safed Siris (Albizia
Procera)
(xiii) Kala Siris (xiv) Anjeer
(xv) Kathal- Jackfruit (xvi) Palash
(xvii) Arni (xviii) Bistendu
(xix) Rohida (xx) Medshingi
13. An affidavit of compliance shall be filed by the petitioners as
well as the DCF, failing which the Registry shall list the case for
directions. Aerial pictures, prior to and after the afore-directed
plantation, shall be obtained by the DCF and filed along with his
affidavit. Similar quarterly updates shall be obtained by him to
monitor and ensure the upkeep of the said plantation. A Report of the
same shall be filed six months after the plantation, along with fresh
photographs to show the health/status of the plantation. In case of
default, the Registry shall list the case for directions.
14. The petitions are accordingly, disposed of in the above terms.
15. Copy of the order be communicated to the concerned Deputy
Conservator of Forests (West).
16. Order Dasti under signatures of the Court Master.
AUGUST 14, 2019 SANJEEV SACHDEVA, J
'rs'
