Citation : 2020 Latest Caselaw 961 Del
Judgement Date : 12 February, 2020
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 12.02.2020
+ CRL.M.C. 578/2020
SATVIR SINGH & ORS ..... Petitioners
Through Mr.Satish Dubey, Adv.
versus
THE STATE & ORS ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Kuldeep Singh PS Kishan Garh.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Vide the present petition, petitioners seek direction thereby quashing
FIR No. 356/2019 dated 19.09.2019, registered at Police Station - Kishan
Garh and all other proceedings emanating therefrom.
2. Notice issued.
3. Notice is accepted by learned APP for the State and respondent no.2.
4. With the consent of counsel for the parties, the present petition is
taken up for final disposal.
5. 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.
6. Respondent Nos.2 & 3 are personally present in Court and they have
been identified by SI Kuldeep Singh/IO and submit that matter has been
settled and they do not wish to prosecute the matter any further.
7. Petitioners and respondents have entered into an amicable settlement
vide settlement deed dated 20.12.2019.
8. Learned APP has opposed the present petition by stating that
petitioners leased out unauthorised property to respondents who spent
substantial amount on renovation of this property which was later on
destroyed by DDA. Moreover, 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.
9. Learned counsel for petitioners, on instructions from petitioners, who
are present in Court, has come forward and agreed to contribute an amount
of ₹4,00,000/- 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 Blind School, Sewa Kutir, Kingsway Camp.
(c) Petitioner no.3 is directed to pay an amount of Rs.1,00,000/- in
favour of Delhi High Court Legal Services Committee
(d) Petitioner no.2 is directed to pay an amount of Rs.1,00,000/- in
favour of Indian Army Central Welfare Fund.
10. Petitioners are directed to pay this amount within two weeks and
receipt of the same shall be furnished to IO concerned.
11. Learned counsel for petitioners prays that the present petition may be
allowed.
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, the FIR No. 356/2019 dated
19.09.2019, registered at Police Station - Kishan Garh and consequent
proceedings therefrom are quashed.
14. The petition is, accordingly, allowed and disposed of.
15. Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT) JUDGE FEBRUARY 12, 2020 AB
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