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W.P.(Crl.) 91/2020 HIGH COURT OF DELHI
Date of Decision: January 14, 2020
Date of Decision: January 14, 2020
W.P.(CRL) 91/2020 and CRL.M.A. 580/2020
JAWED AKHTER @ JAWED HABIB & ORS ..... Petitioners
Through Mr. Rajiv Ranjan and Mr. Manish Kumar Singh, Advocates alongwith petitioners in person
JAWED AKHTER @ JAWED HABIB & ORS ..... Petitioners
Through Mr. Rajiv Ranjan and Mr. Manish Kumar Singh, Advocates alongwith petitioners in person
VERSUS
THE STATE & ANR ..... Respondents
Through Ms. Shivani Sharma and Ms. Sukirtti Bhardwaj, Advocates for
Ms. Richa Kapoor, ASC for the State with Inspector Arun Kumar, P.S.: DIU/Central
Respondent no.2 in person
Through Ms. Shivani Sharma and Ms. Sukirtti Bhardwaj, Advocates for
Ms. Richa Kapoor, ASC for the State with Inspector Arun Kumar, P.S.: DIU/Central
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (oral)
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
0207/2018, under sections 420/409/509/506/120-B of the Indian Penal
2020:DHC:228 Code, 1860, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom.
The petitioners and respondent no.2 submitted that they have settled their disputes vide Settlement Deed dated 10.12.2019, on their own free will, without any force or coercion. Respondent no.2 stated that she does not want to pursue the matter.
Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has amicably settled the dispute.
Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0207/2018, under sections
420/409/509/506/120-B of the IPC, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to providing 25 saplings of Areca palm 3 to 4 feet in height having 4 to 5 suckers in 10” Earthen pot, 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10” Earthen pot, 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in 10”earthen pot and 50 saplings of
Raphis Palm height 1 to 1.5 feet with moss stick in 10” Earthen pot, by the petitioners with the Dy. Director (Horticulture), NDMC Purana Quila
Road Timber Nursery near Indian Coast Guard Headquarters, Major
Dhyan Chand Stadium, Gate No. 7.
Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 50,000/- which shall be deposited with the Delhi High Court
Staff Welfare Fund.
Petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 14, 2020 savita
The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.
0207/2018, under sections 420/409/509/506/120-B of the Indian Penal
2020:DHC:228 Code, 1860, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom.
The petitioners and respondent no.2 submitted that they have settled their disputes vide Settlement Deed dated 10.12.2019, on their own free will, without any force or coercion. Respondent no.2 stated that she does not want to pursue the matter.
Respondent no.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has amicably settled the dispute.
Respondent no.2 further submitted that she has no objection to the FIR being quashed and the petition being allowed.
The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.
In view of the above settlement arrived at between the parties, this
Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0207/2018, under sections
420/409/509/506/120-B of the IPC, registered at P.S.: Patel Nagar, Delhi and the proceedings emanating therefrom are quashed, subject to providing 25 saplings of Areca palm 3 to 4 feet in height having 4 to 5 suckers in 10” Earthen pot, 50 saplings of Money plant height 1 to 1.5 feet with moss stick in 10” Earthen pot, 50 saplings of Oxycodium plant height 1 to 1.5 feet with moss stick in 10”earthen pot and 50 saplings of
Raphis Palm height 1 to 1.5 feet with moss stick in 10” Earthen pot, by the petitioners with the Dy. Director (Horticulture), NDMC Purana Quila
Road Timber Nursery near Indian Coast Guard Headquarters, Major
Dhyan Chand Stadium, Gate No. 7.
Parties are directed to file compliance report within a period of four weeks before the Registrar General, failing which the petitioner will pay a cost of Rs. 50,000/- which shall be deposited with the Delhi High Court
Staff Welfare Fund.
Petition alongwith pending application is disposed of accordingly.
(BRIJESH SETHI)
JUDGE
JANUARY 14, 2020 savita