Parveen Aggarwal & Ors. vs State & Anr.
2020 Latest Caselaw 1033 Del

$~43
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.02.2020

+      CRL.M.C. 817/2020
       PARVEEN AGGARWAL & ORS.                             ..... Petitioners
                          Through       Mr.Anil Slethi, Adv. with
                                        Mr.Samarth Rai Sethi &
                                        Mr.Sudhanshu Meda, Advs.

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Hirein Sharma, APP for State.
                                        Insp.Shivani EOW.
                                        Mr.Lalit Kumar, Adv. for R-2 with
                                        R-2 in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 3360/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.817/2020

3. Vide the present petition, petitioners seek direction thereby for

quashing of FIR No. 98/2009 dated 06.06.2009, registered at PS - EOW,

and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for

respondent no.2 and with the consent of counsel for parties, the present

petition is taken up for final disposal.

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

their disputes and respondent No. 2 has no objection if the present petition is

allowed.

7. Complainant/Respondent No.2 is personally present in Court with

learned counsel and he has been identified by Insp.Shivani/IO and submits

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

further.

8. Petitioners and respondent no.2 have entered into an amicable

settlement before Mediation Centre, Saket Courts, New Delhi vide

settlement deed dated 19.09.2019.

9. Learned APP has opposed the present petition and submits that due to

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

precious public time has been consumed, therefore, if this Court is inclined

to quash FIR, heavy cost may be imposed upon petitioners.

10. Learned counsel for petitioners, on instructions from petitioners, who

are present in Court, has come forward and agreed to contribute an amount

of ₹2,00,000/- for welfare purposes. Accordingly, petitioners are directed to

pay this amount in the following manner:-

(a) Petitioner no.1 is directed to pay an amount of Rs.1,00,000/- in

favour of Delhi Police Martyrs Fund;

(b) Petitioner no.2 is directed to pay an amount of Rs.1,00,000/- in

favour of Indian Army Central Welfare Fund.

11. Petitioners are directed to pay this amount within two weeks and

receipt of the same shall be furnished to IO concerned.

12. 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.

13. For the reasons afore-recorded, FIR No. 98/2009 dated 06.06.2009,

registered at PS - EOW and consequent proceedings emanating therefrom

are quashed.

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

15. Order dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 14, 2020/ab