Sanjay Suri & Anr vs State & Ors.
2020 Latest Caselaw 146 Del

$~31
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Date of decision: January 10, 2020
+      W.P.(CRL) 60/2020 and CRL.M.A. 347/2020

       SANJAY SURI & ANR                            ..... Petitioners

                          Through      Ms. Vandana Anand, Advocate
                                       alongwith petitioners in person

                          versus

       STATE & ORS.                                 ..... Respondents

                          Through      Mr. Jamal Akhtar, Mr. Amanpreet
                                       Singh and Mr. Divyank Tyagi,
                                       Advocates for Mr. Rahul Mehra,
                                       Standing Counsel (Criminal) for
                                       the State with SI Manoj Kumar,
                                       P.S.: Patel Nagar

                                       Mr. Saket Gakhar, Advocate for
                                       Respondent nos. 2 and 3 alongwith
                                       respondent nos. 2 and 3

CORAM:

       HON'BLE MR. JUSTICE BRIJESH SETHI

                          JUDGMENT

BRIJESH SETHI, J (oral)

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.

0492/2016, under section 420 of the Indian Penal Code, 1860, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom.

The petitioners and respondent nos.2 and 3 submitted that they have settled their disputes vide Memorandum of Understanding/Settlement dated 11.01.2018, on their own free will, without any force or coercion. Respondent nos.2 and 3 stated that they do not want to pursue the matter.

Respondent nos.2 and 3, who are present in Court, have reiterated the aforesaid facts and submitted that they have amicably settled their dispute. Respondent nos.2 and 3 further submitted that they have no objection to the FIR being quashed and the petition being allowed.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent nos.2 and 3.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0492/2016, under section 420 of the IPC, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to providing 25 saplings of Areca palm 3 to 4 feet in height having 4 to 5 suckers in 10" Earthen pot, 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10" Earthen pot, 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in 10"earthen pot and 50 saplings of Raphis Palm height 1 to 1.5 feet with moss stick in 10" Earthen pot, by the petitioners with the Dy. Director

(Horticulture), NDMC Purana Quila Road Timber Nursery near Indian Coast Guard Headquarters, Major Dhyan Chand Stadium, Gate No. 7.

Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 25,000/- which shall be deposited with the Delhi High Court Staff Welfare Fund.

Petition alongwith pending application is disposed of accordingly.

(BRIJESH SETHI) JUDGE JANUARY 10, 2020 savita