Avnish Bansal vs State And Ors.
2021 Latest Caselaw 1003 Del

$~39
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                    Date of decision: 24.03.2021
+     CRL.M.C. 998/2021
      AVNISH BANSAL                                            ..... Petitioner
                  Through                  Mr.Neeraj Sharma, Adv. with
                                           petitioner in person.
                           versus
      STATE AND ORS.                                         ..... Respondents
                   Through                 Mr. Panna Lal Sharma, APP for State
                                           SI Ankit Man PS Rani Bagh.
                                           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. 5076/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.998/2021

3. Vide the present petition, petitioner seeks direction thereby for

quashing of FIR No.110/2018 dated 28.04.2018, registered at PS - Rani

Bagh (North West), 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 Nos. 2 and 3 have no objection if the present

petition is allowed.

7. Learned APP has opposed the present petition by submitting that there

are 2 accused in the present case and this petition is qua petitioner herein. He

further 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 petitioner.

8. Respondent Nos.2 & 3 are personally present in Court with learned

counsel and they have been identified by SI Ankit Man/IO and submits that

matter has been settled and they do not wish to prosecute the matter any

further.

9. Petitioner and respondent nos.2 & 3 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 25.10.2019.

10. At this stage, learned counsel for petitioner, on instructions from

petitioner, who is present in Court, has come forward and agreed to

contribute an amount of ₹5,00,000/- for welfare purposes. Accordingly,

petitioner is directed to pay this amount in the following manner:-

(a) Petitioner is directed to pay an amount of Rs.1,00,000/- in favour

of Delhi Police Martyrs Fund;

(b) He is again directed to pay an amount of Rs.2,00,000/- in favour

of 'Bharat ke Veer'.

(c) He is further directed to pay an amount of Rs.2,00,000/- in favour

of the High Court of Delhi (Middle Income Group) Legal Aid

Society.

11. Petitioner is directed to pay this amount within one week 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 petitioner any

further.

13. For the reasons afore-recorded, FIR No.110/2018 dated 28.04.2018,

registered at PS - Rani Bagh (North West), and consequent proceedings

emanating therefrom are quashed.

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

(SURESH KUMAR KAIT) JUDGE MARCH 24, 2021/ab