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CRL.M.C. 3029/2011
BHARAT KALRA & ORS Petitioners Tlirough : Ivir.Amit Baisoya, Adv.
State.
Respondent No.2 in person.
09.09.2011 Crl.MA.No.l0696/2011(exemption)
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
ORDER
1. Learned counsel for the petitioners submits that vide FIR No.106/2010 a case under Section 3 of Delhi Prevention of Defacement of Property Act, 2007 was registered against the petitioners on the complaint of respondent No.2 at police station Rani Bagh.
2. Further submitted that the matter has already been settled between the petitioners and the respondent No.2; and he not wish to pursue the case further. 2011:DHC:12186 c[2]
3. i Respondent No.2, Shri Sunil Vij is personally present in the Court and photocopy of his voter identity card issued by the Election Connmission of India has been placed at page No.24-D of petition. In addition, he has also been identified by learned counsel for petitioners.
4. Respondent No.2 subnnits that he has settled all the issues qua aforesaid FIR with the petitioners, therefore, he does not wish to pursue the present case and he has no objection if the present FIR is quashed.
5. Keeping the settlement into view and the submissions of respondent No.2, the FIR No.106/2010 under Section 3 of Delhi Prevention of Defacement of Property Act, 2007 registered against the petitioners on the complaint of respondent No.2 at police station Rani Bagh and the proceedings emanating therefrom are hereby quashed.
6. Learned APP for State submits that after lodging of the FIR, charge-sheet was filed and the charges were framed against the petitioners and case is pending for prosecution evidence. Thus, the Government machinery has been used and the precious time of the Court has also been consumed, therefore, heavy costs should be imposed upon the petitioners.
7. I find force in the submission of learned APP for State. Accordingly, I impose a costs of ^10,000/- each on both petitioners to be deposited within a week from today in favour of the Delhi Police Welfare Fund; proof thereof shall be placed on the record by the petitioners.
8. Criminal M.C. No.3029/2011 is allowed in above terms.
9. Copy of order under signature of the Court Master.
SURESH KAIT, J SEPTEMBER 09, 2011 Mi w