Delhi High Court
Jabar Mal Gora & Anr. vs State & Anr on 23 January, 2020
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 23.01.2020
+ CRL.M.C. 342/2020
JABAR MAL GORA & ANR. ..... Petitioners
Through: Mr. Gautam Khazanchi,
Mr. Pradyuman Kaistha and
Mr. Vishnu Menon, Advs.
versus
STATE & ANR ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State
with SI Ravi Kumar, Spl. Staff/NDD
Adv. for R-2 (appearance not given)
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. 1476/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 342/2020 and CRL.M.A. 1475/2020
3. Vide the present petition, the petitioners seek direction thereby
quashing FIR No. 61/2019 dated 29.05.2019 registered at Police Station -
Barakhamba Road all other proceedings emanating therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for the State and counsel for the
respondent no.2.
6. With the consent of the counsel for the parties, the present petition is
taken up for final disposal.
7. The present petition is filed on the ground that the parties have settled
their disputes and the respondent no. 2 has no objection if the present
petition is allowed.
8. Respondent no. 2 is personally present in Court with learned counsel
and he has been identified by SI - Ravi Kumar /IO and submits that matter
has been settled and he does not wish to prosecute the matter any further.
9. The petitioners and respondent no.2 have entered into an amicable
settlement vide settlement agreement dated 18.01.2020.
10. Learned APP for State has opposed the present petition and submits
that the petitioners have indulged in misbranding of desi ghee and thus, have
sold sub-standard ghee to the consumers on high rates. They are engaged in
the business of trading desi ghee and edible oil from more than ten years.
Moreover, due to the present case, Government machinery came into force
and public time has been consumed. He further submits that if this Court is
inclined to quash the FIR, heavy costs may be imposed upon petitioners.
11. Learned counsel for petitioners, on instructions, submits that
petitioner no. 1 is ready to contribute an amount of Rs.10 lakhs and
petitioner no. 2 an amount of Rs.5 lakhs for welfare purposes. Learned
counsel for the petitioner, however, prays that present petition may be
allowed.
12. Taking into account the aforesaid facts, this Court is inclined to quash
the FIR as no useful purpose would be served in prosecuting the petitioners
any further.
13. The petitioners are directed to pay an amount of Rs.15,00,000/-
(Rupees Fifteen Lakhs) within a period of 45 days from today in the
following manner:-
(i) Petitioner no. 2 shall pay an amount of Rs.5,00,000/- (Rupees
Five Lakhs) in favour of Delhi Police Martyr Fund;
(ii) Petitioner no. 2, out of the total amount of Rs.10,00,000/-
(Rupees Ten Lakhs) shall pay;
(a) an amount of Rs.5,00,000/- (Rupees Five Lakhs) in favour
of Haryana Welfare Society for Persons with Speech &
Hearing Impairment, Sector-16, Panchkula, Haryana. On
receipt of amount, In-charge of the said society is directed to
utilize the amount for the welfare of the deaf and dumb in
the Centre, where this amount is required;
(b) an amount of Rs.2,00,000/- (Rupees Two Lakhs) in favour
of Indigent Lawyers Welfare Fund, Bar Council of Delhi;
(c) an amount of Rs. 2,00,000/- (Rupees Two Lakhs) in favour
of Blind School Sewa Kutir, Kingsway Camp, Delhi.
(d) And Rs.1,00,000/- (Rupees One Lakh) in favour of Delhi
High Court Legal Services Authority.
Receipt of the aforementioned payments shall be furnished to the
Investigating Officer.
14. With the afore-recorded directions, the FIR No.61/2019 dated
29.05.2019 registered at Police Station - Barakhamba Road all other
proceedings emanating therefrom are quashed.
15. The petition is allowed and disposed of accordingly.
Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
JANUARY 23, 2020
PB
