Full Text
HIGH COURT OF DELHI
Date of Decision: 10.12.2020
SANJEEV SRIVASTAVA AND ORS ..... Petitioner
Through: Mr. Keshav Mohan, Mr. Rishi K.
Awasthi, Ms. Ritu Arora, Mr. Prashant Kumar and Mr. Piyush Vatsa, Advocates.
Through: Mr. Hirein Sharma, APP for State.
Respondent No.2 in person.
JUDGMENT
The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioner seeks direction thereby for quashing of FIR No. 113/2018 dated 08.06.2018, registered at Police Station Preet Vihar, New Delhi and all other proceedings arising therefrom.
2. 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.
3. Respondent No. 2 is personally present in Court and submits that matter has been settled and he does not wish to prosecute the matter any 2020:DHC:3551 further.
4. Petitioners and respondent no.2 and 3 have entered into an amicable settlement vide settlement deed dated 14.06.2018.
5. Learned APP has opposed the present petition and submits that if this Court is inclined to quash FIR, heavy cost may be imposed upon petitioners for the reason that the present FIR was registered in the year 2018 and due to the registration of FIR, government machinery came in motion and a lot of precious public time has been consumed and moreover, the present case is of cheating.
6. Learned counsel for petitioners, on instructions from petitioners, has come forward and agreed to contribute an amount of ₹10,00,000/- (Rupees Ten Lacs) for welfare purposes. Accordingly, petitioners No. 1 to 3 are directed to pay this amount in the following manner:- (a) An amount of Rs.5,00,000/- shall be deposited in favour of Bharat Ke Veer Fund; (b) An amount of Rs.1,00,000/- shall be deposited in favour of Delhi Police Martyrs Fund;
(c) An amount of Rs.1,00,000/- shall be deposited in favour of Delhi
(d) An amount of Rs.1,00,000/- shall be deposited in favour of Prime
Minister National Relief Fund. (e) An amount of Rs.1,00,000/- shall be deposited in favour of Chief Minister’s Relief Fund Delhi. (f) An amount of Rs.1,00,000/- shall be deposited in favour of Indian Army Central Welfare Fund.
7. Petitioners are directed to pay this amount within four weeks and receipt of the same shall be furnished to IO concerned
8. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.
9. For the reasons afore-recorded, FIR No. 113/2018 dated 08.06.2018, registered at Police Station Preet Vihar, New Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is, accordingly, allowed and disposed of.
11. Pending application also stands disposed of.
12. The order be uploaded on the website forthwith.
JUDGE DECEMBER 10, 2020