Mr. Manuvel Mezhukanal vs State & Anr.
2019 Latest Caselaw 5541 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 08.11.2019

+      CRL.M.C. 5713/2019
       MR. MANUVEL MEZHUKANAL                              ..... Petitioner
                          Through        Mr. Alex Joseph, Adv.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through        Mr. Panna Lal Sharma, APP for State
                                         SI Neeraj, PS Pandav Nagar
                                         Mr. Gireesh Kumar, Adv. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL MA 39960/2019 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CRL.M.C. 5713/2019

3. Notice issued.

4. Learned APP accepts notice on behalf of the State and has opposed the present petition by submitting that the FIR in the present case, being FIR No.587/2015 registered at P.S. Pandav Nagar for the offence punishable under Section 420 IPC, was lodged in the year 2015 due to which the government machinery came into action and the accused was declared as

proclaimed offender, and hence, a lot of public time and money has been wasted. He further submits that if this Court inclines to quash the FIR in the present petition, heavy cost may be imposed on both the parties.

5. Respondent no.2 accused is a manufacturer of gold ornaments from the gold received from different parties. Besides this, he has no other business. Therefore, keeping in view his financial position, I am refraining myself to impose any cost upon him.

6. The petitioner is present in the Court and has come forward to contribute a sum of ₹5 lacs for welfare purposes. Accordingly, he is directed to pay an amount of ₹5 lacs within four weeks from today.

7. From the aforesaid amount of ₹5 lacs, ₹ 1 lac shall be paid in favour of Blind School, Amar Colony, New Delhi;₹ 2 lacs shall be paid to Delhi Police Martyr Fund; ₹ 1 lac shall be paid to the Blind School Sewa Kutir, Kingsway Camp, Delhi and remaining ₹1 lac shall be paid to Deaf & Dumb Welfare Centre, Gurgaon (Haryana). Receipts of the above payments shall be deposited by the petitioner with the IO of the case within a week from the date of payment. In case the receipts are not filed by the petitioner, the IO shall inform the Court through the learned APP.

8. It is further made clear that in case the petitioner fails to pay the aforesaid amounts, within the time period, the Registrar General of this Court shall ensure recovery as per law.

9. Order dasti under the signature of the Court Master.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 08, 2019/sm