State & Judiciary Burdened For 19 Yrs: Delhi High Court Quashes 2003 Cheating FIR Based On Compromise, Imposes ₹1 Lakh Cost On Accused

Quashing a 2003 cheating FIR after settlement between parties, the Delhi High Court has imposed a cost of Rs. 1 lakh on a 77 year old accused, directing that the same be deposited in PM Cares Fund for welfare of children (PM CARES for Children Scheme).

Justice Swarana Kanta Sharma quashed an FIR registered under sec. 328, 420, 467, 468, 471, 323, 506 and 120B of Indian Penal Code on the accused's plea, who was facing trial in the case for last 19 years.

While a co accused had died, the Court was informed that the matter was amicably settled between the petitioner and the 60 year old complainant after 19 years. The complainant informed the Court that she had received Rs. 32 lakhs as full and final settlement amount and had no objection if the FIR was quashed.

"The settlement has been arrived at between the parties after 19 years. No doubt it is a long time since the State and the judiciary has been burdened with investigating and trial of the case. However, incumbent circumstances in this case i.e. that all the witnesses have been examined but the parties could not arrive at a settlement earlier have to be taken note of to decide as to whether this FIR be quashed or not," the Court observed at the outset.

However, while quashing the FIR, the Court imposed cost on the petitioner observing that both the time of the Court as well as the investigating agency had been consumed.

"This court takes notice of the fact that on 29th May 2021, "PM CARES for Children Scheme" was launched to support children who have lost their Parents, Legal Guardian, Adoptive Parents or Surviving Parents to the COVID-19 pandemic. The objective behind the scheme is to ensure the overall growth of the children and make them physically and financially self-sufficient with proper facilities," the Court said.

It added "The children are the valuable future of our country and this future would be dependent upon the acts done at present. The cost imposed of Rs. 1,00,000/- is directed to be deposited in "PM CARES Fund" for the "PM CARES for Children Scheme" within a period of two weeks."

The plea was accordingly disposed of.

Case Title: JOGINDER SINGH RAINA v. STATE (NCT OF DELHI) & ANR.

Citation: 2022 LiveLaw (Del) 789

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