Delhi High Court
Shri Surender Kumar & Anr. vs State & Anr. on 28 July, 2009
Author: Gita Mittal
IN THE HIGH COURT OF DELHI
Crl.M.C. No.1220/2009
Date of decision: 28th July, 2009
Shri Surender Kumar & Anr. ....Petitioner
through: Mr. K.S. Sehrawat, Adv. for petitioners with
petitioners in person.
VERSUS
State & Anr. ....Respondents
through: Ms. Vijanta Devi, Complainant No.2 in
person.
Ms. Fizani Husain, APP for the State with
ASI Balwant.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
1.Whether reporters of local papers may be allowed to
see the Judgment?
2.To be referred to the Reporter or not?
3.Whether the judgment should be reported in the Digest?
GITA MITTAL, J(Oral)
*
1. The present petition has been filed by the petitioners who have
been arrayed as accused persons in the case arising out of FIR
No.376/2008 registered by the police station Najafgarh under Sections
452/323/506/354/34 of the Indian Penal Code. On completion of
investigation, it is stated that charge-sheet was filed and the case is
pending in the court of Shri N.K. Laka, Metropolitan Magistrate,
Contd.....P/2
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Dwarka Courts, Delhi.
2. The petitioners who are present in court are identified by counsel
as well as by ASI Balwant from the police station Najafgarh. The
petitioners submit that they dispute that the incident occurred in the
manner alleged and they sincerely regret whatsoever transpired. It is
further submitted that they have apologized to the complainant and
her husband before the Panchayat in the village on 5 th December,
2008 when both parties in the presence of elders decided to bury the
animosity between them and to co-exist in a spirit of amity and
goodwill. The petitioners further submit that the compromise between
them was reduced to writing in the presence of witnesses which has
been placed on record at page 25. They submit that they shall ensure
that no incident shall occur in future and have ensured that they shall
not harass the complainant or their family in any manner at all.
3. The petitioners have contended that the complainant was
residing in their immediate neighborhood and the incident occurred on
account of a sudden misunderstanding without any kind of
premeditation and provocation. It is submitted that both the
petitioners are young persons aged about 28 and 30 years and in
case the prosecution was continued and they were convicted, their life
Contd....P/3
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as well as the lives of their family would be completely ruined.
4. Learned counsel for the petitioners has vehemently urged that
the petitioner no.1 has also cleared examination for employment with
the DTC and that his employment shall be completely ruined if the
prayer made by the parties for acceptance of the settlement is not
accepted. The petitioners have further submitted that they are willing
to compensate the complainant for any harassment she may have felt
and the investigating agency towards the efforts which have been put
in on account of the investigation which has been necessitated.
5. Ms. Fizani Husain, learned APP for the State has pointed out that
the petitioners are implicated in other cases as well. So far as the
petitioner no.1 is concerned, apart from the case in hand, it has been
stated by counsel representing him that he stands acquitted in the
only other case which was registered as back as in the year 2004.
The petitioner no.2 has contended that on account of
harassment suffered from false implication in the several cases by
police station Anand Parbat and adjacent areas between the years
1998 to 2002, he shifted to Najafgarh. The present case is the only
case in which he has been implicated thereafter. It is, however, stated
Contd.....P/4
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that since the assurance has been tendered before the court that the
petitioners are law abiding citizens and shall peacefully exist at their
addresses, the criminal proceedings initiated against the petitioners
may be quashed.
6. The complainant Smt. Vijanta Devi is present. Ms. Fizani Husain,
learned APP for the State has verified her voter identity card which
has been produced in court. She submits that it is a matter of fact
that these petitioners have tendered an apology before the Panchayat
which was in the village. She further submits that since 2 nd July, 2008
she has shifted from the place where the incident had occurred. A
prayer is made by her that having regard to the fact that she has a
young family to nurture and the apologies tendered by the petitioners
before the Panchayat as well as in court today, she is not interested in
further prosecution of the complaint which was lodged by her. She
prays that a quietus be brought to the dispute so that animosity
between the parties is brought to an end.
7. On a consideration of the submissions made on behalf of the
petitioners and by the complainant who is present in court, it would
appear to be in the interest of justice if the regret expressed by the
petitioners and their assurance made in court are accepted. The
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statements made by the petitioners are accordingly accepted and
they shall remain bound by the same. However, having regard to the
fact that the complainant and the family have been put to
inconvenience, interest of justice merits that she be compensated by
the petitioners. Furthermore, the police has put in substantial efforts
in investigation of the case and has even filed the challan. I am
informed that the Delhi Police Welfare Society is looking after the
welfare and the interest of the police.
8. It is therefore directed that, subject to the petitioners paying an
amount of Rs.15,000/- each which shall be apportioned equally
between the complainant and the Delhi Police Welfare Society and
paid/deposited within a period of one week from today, all
proceedings arising out of FIR No.376/2008 under Sections
452/323/506/354/34 of the Indian Penal Code registered at P.S.
Najafgarh shall stand quashed.
Proof of payment to the complainant and deposit with the Delhi
Police Welfare Society shall be placed before this court. Upon failure
of the petitioners to do so, further prosecution in the case shall
continue.
Contd.....P/6
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9. It is made clear that this order shall not be considered as an
order of conviction or sentence against the petitioners for any purpose
including in all matters relating to employment.
Dasti.
July 28, 2009 Gita Mittal, J.
aa
