Citation : 2020 Latest Caselaw 3379 Del
Judgement Date : 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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