Rajeev & Ors vs State Of Delhi & Anr
2019 Latest Caselaw 6425 Del

$~29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of decision: December 10, 2019
+      W.P.(CRL) 3441/2019 and CRL.M.A. 42302/2019

       RAJEEV & ORS                                 ..... Petitioners

                          Through      Mr. Satnarain Sharma, Mr. Sachin
                                       Hitkari and Ms. Divya Kalra,
                                       Advocates

                          versus

       STATE OF DELHI & ANR                         ..... Respondents

                          Through      Ms. Nandita Rao, ASC for the
                                       State with SI shekhar, P.S.:
                                       Shalimar Bagh

                                       Mr. Akhilesh Kumar and Ms.
                                       Priyanka Verma, Advocates for
                                       Respondent      no.2     alongwith
                                       respondent no.2 in person

CORAM:

       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 607/2018, under sections 420/466/467/468/471/120B of the Indian Penal Code,

1860, registered at P.S.: Shalimar Bagh, Delhi and the proceedings emanating therefrom.

The petitioners and respondent no.2 submitted that they have settled their disputes on their own free will, without any force or coercion. Respondent no.2 stated that he does not want to pursue the matter.

Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent no.2 further submitted that he has no objection to the FIR being quashed and the petition being allowed.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Mediation Centre, Rohini District Courts, Delhi on 30.04.2018. The settlement amount was Rs. 14,75,000/-, out of which Rs. 7,50,000/- has already been paid to respondent no.2 and balance amount of Rs. 7,25,000/- by way of three demand drafts of Rs. 4,55,000/-, Rs. 2,00,000/- and Rs. 70,000/- respectively has been handed over to respondent no.2 today in the court. Copies of the said demand drafts have been placed on record.

In view of the above settlement arrived at between the parties, this Court is 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. 607/2018, under sections 420/466/467/468/471/120B of the IPC, registered at P.S.: Shalimar Bagh, Delhi and the proceedings emanating therefrom are quashed, subject to plantation of 50 providing sapling of Arica palm 3 to 4 feet in height having 4 to 5 suckers in 10" Earthen pot by the petitioners with the NDMC Purna Quila Road timber Nursery near Indian Coast Guart Headquarters, Major Dhyan Chand Stadium, Gate No. 7.

Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 50,000/- which shall be deposited with the Delhi High Court Staff Welfare Fund.

Petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 10, 2019 savita