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Sanjeev Srivastava And Ors. vs State Of Nct Of Delhi And Ors.
2020 Latest Caselaw 3379 Del

Citation : 2020 Latest Caselaw 3379 Del
Judgement Date : 10 December, 2020

Delhi High Court
Sanjeev Srivastava And Ors. vs State Of Nct Of Delhi And Ors. on 10 December, 2020
$~5
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision: 10.12.2020
+     CRL.M.C. 2181/2020 & CRL.M.A. 15542/2020
      SANJEEV SRIVASTAVA AND ORS                  ..... Petitioner
                         Through:     Mr. Keshav Mohan, Mr. Rishi K.
                                      Awasthi, Ms. Ritu Arora, Mr.
                                      Prashant Kumar and Mr. Piyush
                                      Vatsa, Advocates.
                         versus

      STATE OF NCT OF DELHI AND ORS                      ..... Respondent
                         Through:     Mr. Hirein Sharma, APP for State.
                                      Respondent No.2 in person.
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner seeks direction thereby for

quashing of FIR No. 113/2018 dated 08.06.2018, registered at Police Station

Preet Vihar, New Delhi and all other proceedings arising therefrom.

2. The present petition is filed on the ground that parties have settled

their disputes and respondent Nos. 2 and 3 have no objection if the present

petition is allowed.

3. Respondent No. 2 is personally present in Court and submits that

matter has been settled and he does not wish to prosecute the matter any

further.

4. Petitioners and respondent no.2 and 3 have entered into an amicable

settlement vide settlement deed dated 14.06.2018.

5. Learned APP has opposed the present petition and submits that if this

Court is inclined to quash FIR, heavy cost may be imposed upon petitioners

for the reason that the present FIR was registered in the year 2018 and due to

the registration of FIR, government machinery came in motion and a lot of

precious public time has been consumed and moreover, the present case is of

cheating.

6. Learned counsel for petitioners, on instructions from petitioners, has

come forward and agreed to contribute an amount of ₹10,00,000/- (Rupees

Ten Lacs) for welfare purposes. Accordingly, petitioners No. 1 to 3 are

directed to pay this amount in the following manner:-

(a) An amount of Rs.5,00,000/- shall be deposited in favour of Bharat

Ke Veer Fund;

(b) An amount of Rs.1,00,000/- shall be deposited in favour of Delhi

Police Martyrs Fund;

(c) An amount of Rs.1,00,000/- shall be deposited in favour of Delhi

High Court Legal Services Committee.

(d) An amount of Rs.1,00,000/- shall be deposited in favour of Prime

Minister National Relief Fund.

(e) An amount of Rs.1,00,000/- shall be deposited in favour of Chief

Minister's Relief Fund Delhi.

(f) An amount of Rs.1,00,000/- shall be deposited in favour of Indian

Army Central Welfare Fund.

7. Petitioners are directed to pay this amount within four weeks and

receipt of the same shall be furnished to IO concerned

8. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners any

further.

9. For the reasons afore-recorded, FIR No. 113/2018 dated 08.06.2018,

registered at Police Station Preet Vihar, New Delhi and consequent

proceedings emanating therefrom are quashed.

10. The petition is, accordingly, allowed and disposed of.

11. Pending application also stands disposed of.

12. The order be uploaded on the website forthwith.

(SURESH KUMAR KAIT) JUDGE DECEMBER 10, 2020/Aj

 
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