Nitin Jain & Ors vs State & Anr

Suresh Kumar Kait, J

CRL. M.A. 4549/2020

Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 1164/2020

Vide the present petition, petitioners seek directions thereby for quashing of FIR No. 188/2011 dated 23.07.2011, registered at PS Preet Vihar and

all other proceedings arising therefrom.

Notice issued.

Notice is accepted by learned APP for State and counsel for respondent no.2 who is present in person and with the consent of counsel for parties,

the present petition is taken up for final disposal.

The present petition is filed on the ground that parties have settled their disputes and respondent no.2 has no objection if the present petition is

allowed.

Petitioners and respondent no.2 have entered into an amicable settlement vide settlement cum compromise deed on 01.10.2019.

Learned APP has opposed the present petition and submits that 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.

Respondent no.2 is personally present in Court and has been identified by Inspector Mahender Kumar. She submits that she has received the

settlement amount and she does not want to prosecute the matter against petitioners. She further submits that Sh. Abhinandan Kumar Jain though is

not party to the present petition, however, she has no objection if FIR is also quashed against the aforementioned person.

Learned counsel for petitioners, on instructions from petitioners, who are present in Court, has come forward and agreed to contribute an amount

of Rs. 10,00,000/- (Rupees Ten Lacs Only) for welfare purposes.

Accordingly, petitioners are directed to pay the said amount in the following manner:-

(a) Petitioner no.1 shall pay an amount of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand Only) in favour of Delhi Police Martyrs’ Fund;

(b) Petitioner no.2 shall pay an amount of Rs. 5,00,000/- (Rupees Five Lacs Only) in favour of Indian Army Central Welfare Fund.

(c) Petitioner no.3 shall pay an amount of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand Only) in favour of Delhi High Court (Middle Income

Group) Legal Aid Society.

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

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.

For the reasons afore-recorded of FIR No. 188/2011 dated 23.07.2011, registered at PS Preet Vihar and consequent proceedings emanating

therefrom are quashed.

The petition is, accordingly, allowed and disposed of.

Pending application stands disposed of.

Order dasti.