Rajpal Singh Anand and Another vs State and Others

Suresh Kait, J.—Issue notice.

Ms.Rajdipa Behura, learned APP on behalf of for State/ respondent No.1 and Mr.Kedar Nath Tripathi, learned counsel on behalf of respondent No.2 accepts notice.

Respondent No.3 being a performa respondent, no notice requires.

Learned counsel for the petitioners submits that vide FIR No.234/2009 dated 13.11.2009 case u/s 420/406/468/120B Indian Penal Code, 1860 was registered at police station Economic Offence Wing, Crime Branch, Delhi against the petitioners on the complaint of one Sh.Dildar Singh, who is no more in this world and passed away on 10.09.2010.

Respondent No.2 Smt.Shakuntala Anand is wife of deceased complainant, who has come forward to get the present FIR quashed after settlement. She has been duly identified by her counsel. In addition, investigating officer Inspector Manish Joshi, EOW also identified her.

Mr.Harry Singh, son of respondent No.2 who is settled in Germany is also present with his mother and both OT them stated that they have no objection, if the present FIR is quashed as per the settlement arrived at between the parties. Even no objection certificate'' which is at page No.45 of the paper book, Annexure ''D'' collectively has been issued by Ms.Cindy Singh, daughter of respondent No.2, as she is also settled abroad.

Learned counsel for the petitioners further submits that vide settlement dated 12.10.2011 the matter has been resolved between the parties. As per the settlement, the petitioners have to pay a sum of Rs. 4,47,75,000/- to respondent No.2 and the petitioners shall not claim any consideration for the land at Daboda (Gurgaon)'' and Mangar (Faridabad) purchased by late Shri Dildar Singh in the name of respondent No.2.

The said amount of Rs. 4,47,75,000/- has been handed over to respondent No.2 today in the Court vide cheque bearing No.366021 dated 14.10.2011 drawn on Syndicate Bank, Nicholson Road, Mori Gate, Delhi in favour of respondent No.2. Respondent No.2 has accepted the same without any protest subject to realisation of the said cheque.

Learned counsel for the petitioners further submits that complaint against the respondent No.2 has already been withdrawn by the petitioners.

Respondent No.2 is present in the Court with her counsel, stated that she is no more interested to pursue the case, therefore, she has no objection, if the present case FIR is quashed.

Ms.Rajdipa Behura, learned APP for State submits that the investigation is at the crucial stage and during process, precious time of the Court has also been consumed. Keeping the financial position into view, costs may be imposed upon the petitions, if the Court is inclined to quash the present FIR.

Ld counsel for the petitioners on instructions submits that both the petitioners are willing to donate 5.00 lacs each in favour of School and Home for Mentally Retarded Children, Avantika, Sector-1, Rohini, Delhi.

Accordingly, I direct the petitions that the total amount of 10.00 lacs be deposited with Principal/ Headmaster/In-charge of above institution within a week from today and proof thereof shall be placed on the record.

The Principal/Headmaster/In-charge of above institution is further directed to keep the said total amount of 10.00 lacs into periodically renewable fixed deposit scheme for a period of three years with any Nationalised Bank and interest accrued thereon from time to time shall be utilised for the needy children of the school, at the disposal of institution.

Respondent No.2, who is widow of complainant late Sh.Dildar Singh has also come forward and wishes to donate a sum of 5.00" lacs for the welfare of the children and destitute women. Therefore, I direct respondent No.2 to deposit a sum of ''5.00 lacs in favour of Welfare Fund for Children and, Destitute Women'' at Nirmal Chaya, Jail Road, Tihar, New Delhi within a week from today. Proof thereof shall also be placed on the record.

I further direct, this amount of 5.00 lacs shall be kept in form into periodically renewable fixed deposit scheme for a period of three years with any Nationalised Bank and interest accrued thereon from time to time shall'' be utilised for the needy children and destitute women, at the disposal of institution.

Keeping the settlement into view and the fact that respondent No.2 is no more interested in pursuing the present case FIR, in the interest of justice, I hereby quashed the FIR No.234/ 2009 u/s 420/406/468/120B Indian Penal Code, 1860 registered at police station Economic Offence Wing, Crime Branch, Delhi against the petitioners.

Consequently, Criminal M.C.No.3417/2011 is allowed and disposed of in above terms.

Accordingly, Criminal M.A. No.12130/2011 renders infructuous and stands disposed of as such.

Before parting with the present order, I must place on record my appreciation for both the parties, who have come forward voluntarily and donate some amount for the welfare of the poor and needy children and destitute women.

Copy of order be given dasti to all the parties.