Full Text
* IN THE HIGH COURT OF
+ cRL.M.C. 1553/2011
DELHI AT NEW DELHI
M D MIRZA ..... Petitioner
Through : Mr.Zafar Sadique and Mr. M S Khan, Advs.
VCTSUS
STATE & ORS. ..... Respondents
Through : Ms.Rajdipa Behura, APP for State/R-l
Mr. Samrat Nigam, Adv. for R-2
13.09.2011
On 08.09.2011 following order was passed:-
"7. Pursuant to orders dated 76.08.2077, the respondent
No.2 has verified the receipt of payment of Rs.45,285/- in favour of his client.
ORDER
2. Learned counsel for the petitioner submits that all the amount as per the settlement has been paid and the respondent No.2 has no claim, whatsoever remains against FIR No,592/1998 dated 15.08.7998 under Section 379 lndian Penal Code, 1860 and Section 39/44 of the lndian Electricity Act.
3. Learned counsel for respondent No.2 submits he has instructions from his client that if the present FIR and the proceedings emanating thereto are quashed, he has no objection.
4. Learned APP for the State/respondent No.7, however, o/o 1.,a 2011:DHC:12243 b f-l a). submits that while quashing the FIR, the petitioner should be burdened with costs.
5. After registering the FlR, the police came into force. Thus, the State machinery has been used and the precious time of the Court has been consumed.
6. Accordingly, Iimpose cosfs of Rs.50,000/- on the petitioner."
2. At this stage, ld. counsel for the petitioner had submitted that he has not taken instructions from his client. Therefore, at his request, matter was adjourned for today.
3. Mr. M D Mirza/petitioner is present in Court and he states that cost of T50,000/- imposed on him may be used for welfare of destitute women or under-privileged children.
4. I appreciate his gesture. Accordingly, I direct that the aforesaid cost be paid in favour of 'Delhi Child Welfare Fund', at Child Protection Unit, Department of Women and Child Development, 1, Canning Lane, K. G. Marg, New Delhi. This amount shall be paid within 02 weeks from today. Proof of the same shall be placed on record.
5. In these circumstances, keeping in view the settlement between the parties, conduct of the petitioner in the present case and in the interest of justice, I quash FIR No.592/1998 dated 15.08.1998 under Section 379 lndian Penal Code, 1860 and Section 39144 of the Indian Electricity Act at PS Ambedkar Nagar and the ) J t proceedings emanating thereto.
6. CRL.M.C. L55312011 is allowed in the above terms. 7.. Dasti under signature of the Court Master. suREsH KA|T, J SEPTEMBER 13, 2O11 vld,