Satvir Singh & Ors. v. The State & Ors.

Delhi High Court · 12 Feb 2020 · 2020:DHC:1008
Suresh Kumar Kait
CRL.M.C. 578/2020
2020:DHC:1008
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR following an amicable settlement between parties, subject to payment to welfare funds, emphasizing the court's power to prevent misuse of public resources in criminal prosecutions.

Full Text
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CRL.M.C. 578/2020
HIGH COURT OF DELHI
Date of Decision: 12.02.2020
CRL.M.C. 578/2020
SATVIR SINGH & ORS ..... Petitioners
Through Mr.Satish Dubey, Adv.
VERSUS
THE STATE & ORS ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Kuldeep Singh PS Kishan Garh.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction thereby quashing FIR No. 356/2019 dated 19.09.2019, registered at Police Station – Kishan Garh and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and respondent no.2.

4. With the consent of counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:1008

5. 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.

6. Respondent Nos.[2] & 3 are personally present in Court and they have been identified by SI Kuldeep Singh/IO and submit that matter has been settled and they do not wish to prosecute the matter any further.

7. Petitioners and respondents have entered into an amicable settlement vide settlement deed dated 20.12.2019.

8. Learned APP has opposed the present petition by stating that petitioners leased out unauthorised property to respondents who spent substantial amount on renovation of this property which was later on destroyed by DDA. Moreover, 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 petitioners.

9. Learned counsel for petitioners, on instructions from petitioners, who are present in Court, has come forward and agreed to contribute an amount of ₹4,00,000/- for welfare purposes. Accordingly, petitioners are directed to pay this amount in the following manner:- (a) Petitioner no.1 is directed to pay an amount of Rs.1,00,000/- in favour of Delhi Police Martyrs Fund; (b) Petitioner no.2 is directed to pay an amount of Rs.1,00,000/- in favour of Blind School, Sewa Kutir, Kingsway Camp.

(c) Petitioner no.3 is directed to pay an amount of Rs.1,00,000/- in favour of Delhi High Court Legal Services Committee

(d) Petitioner no.2 is directed to pay an amount of Rs.1,00,000/- in favour of Indian Army Central Welfare Fund.

10. Petitioners are directed to pay this amount within two weeks and receipt of the same shall be furnished to IO concerned.

11. Learned counsel for petitioners prays that the present petition may be allowed.

12. 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.

13. For the reasons afore-recorded, the FIR No. 356/2019 dated 19.09.2019, registered at Police Station – Kishan Garh and consequent proceedings therefrom are quashed.

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

15. Order dasti under signatures of the Court Master.

JUDGE FEBRUARY 12, 2020 AB