Baldev Raj Malhotra v. State Govt of NCT of Delhi

1. The petitioners have filed the present petitions under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.728/2015, under Sections 420/406/506/120-B oftheIndianPenal Code,1860(TPC)and FIR No.729/2015,under Sections 448/506/34 ofthe IPC, both 2019:DHC:7457 <r registered at P.S.tSarai Rohilla, Delhi and the proceedings emanating therefrom.

2. The petitioners and their counsel as well as respondent No.2 m both the petitions, submitted that the parties have settled their disputes on their own free will, without anyforce or coercion before the Delhi Mediation Centre, Tis Hazari Courts,Delhi on 6.2.2018.

3. Respondent No.2, in both the petitions, are present in Courtand havereiterated the aforesaid facts and submitted that since the matter has been settled,they have no objection to the FIRs being quashed and the petitions being allowed. Respondent No.2 in both the petitions have filed affidavits in this regard. 4- Learned counsel for the petitioners submitted that the presentpetition may be allowed and the FIRs may be quashed, subject to any condition- that this Court may deem fit and proper. Leamed counsel for the petitioners submitted that the petitioners are ready and willing to contribute a sum of Rs.30,000/- for some social beneficial cause in any trust or association.

5. TheInvestigating Officer(TO'),whoispresentin Court, hasidentifiedthe petitioners as well asrespondentNo.2in both the petitions and has also verified the settlement.

6. In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the ageandsocio-economicbackgroundofthepetitioner,Ideemit appropriatetogivethemachancetoreformandreintegrateinto the society as productive members. This Court is also ofthe view thatno fhiitfiil purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly in the interest of justice, FIR Nos.728/2015, under Sections 420/406/506/120-B ofthe IPC and FIR No.729/2015 under Sections 448/506/34 ofthe IPC, both registered at P.S.iSarai Rohilla,Delhi and alltheproceedings emanating therefrom are quashed,subjecttodepositofasum ofRs.30,a00/-withinthree weeksbythepetitioners,outofwhiehRs.10,000/-bedeposited in the Bharat Ke Veer Corpus Fund,Rs.5,000/- in the Delhi High Court Advocates'Welfare Trust,Rs.5,000/-in the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank,IFSCCode.UCBA0001820,Rs.5,000/-intheDelhiHigh CourtStaffWelfareFund,SBA/c No.l5530110074442and Rs.5,000/-inthePrimeMinisterReliefFundandthereceiptsof the deposits befiledintheRegistrywithintwoweeks.Copyof the receipts shall also be handed over to the APP through the I.O.withintwo weeks.Incasethepetitionersfailtodepositthe said sum, the prosecution shall be entitled to move an applicationforpassing appropriate orders.

7. Petitions aredisposed ofin aboveterms. august05,2019/tp CHANe^R^HliKHAR,J