Aman Gupta & Anr vs State & Anr
2011 Latest Caselaw 5463 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.MC No.3343/2011

%              Judgment delivered on:14th November, 2011

               AMAN GUPTA & ANR              ..... Petitioners
                            Through: Mr. Chandan Malik and
                            Mr. Ankit Jain, Advs.

                      versus

               STATE & ANR                 ..... Respondents
                               Through: Ms. Rajdipa Behura, APP
                               for the State

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

     1. Whether the Reporters of local papers
        may be allowed to see the judgment?                  NO
     2. To be referred to Reporter or not?                   NO
     3. Whether the judgment should be reported
        in the Digest?                                       NO

SURESH KAIT, J. (Oral)

1. Notice issued.

2. Ld. APP accepts notice on behalf of the State.

3. Respondent No.2 Mr. Varun Jain is personally present in

the Court.

4. Ld. counsel for the petitioners submits, vide FIR No.672

dated 06.09.2007 a case under Section 452/324/380/427/34

of Indian Penal Code, 1860 was registered at PS Shakarpur

against the petitioners on the complaint of respondent No.2.

Ld. counsel further submits that the respondent No.2 has

settled all the issues qua the aforesaid FIR with the

petitioners. Therefore, he is not interested to pursue the

case further.

5. Respondent No.2 Mr. Varun Jain has been identified by

the ld. counsel for the petitioners. In addition, he has also

produced his PAN Card bearing No. AFMPJ0111N issued by

the Department of Income Tax. He states that since he is

living in the same locality, therefore, just to remove enmity

with the petitioners he wants that the present FIR may be

quashed.

6. Ld. counsel for the petitioners submits that the charge

has not yet been framed.

7. Ld. APP submits that in the present case the offence

under Section 452/324/380/ of IPC is non-compoundable and

only Section 427 is compoundable. She has referred to the

judgment of Hon'ble Supreme Court in Gian Singh Vs.

State of Punjab & Anr. in SLP (Crl.) No.8989/2010

wherein the Division Bench of the Supreme Court has

referred three earlier decisions, viz, B.S. Joshi V. State of

Haryana (2003) 4 SCC 675, Nikhil Merchant v. Central

Bureau of Investigation and Anr. (2008) 9 SCC 677

and Manoj Sharma Vs, State & Ors. (2008) 16 SCC 1,

to the larger Bench for re-consideration whether the

abovesaid three decisions were decided correctly or not.

8. Previously, I have taken the view on the basis of

the judgment of the Division Bench of Mumbai High Court in

Nari Motiram Hira Vs. Avinash Balkrishnan & Anr. in

Crl.W.P.No.995/2010 decided on 03.02.2011 whereby

the Division Bench of Mumbai High Court has permitted for

compounding of the offences under Section 452/324 of

Indian Penal Code which were 'non-compoundable' as per

Section 320 Cr. P.C. and the FIR No.50/2010 registered at

Amboli Police Station, Andheri dated 06.02.2010, was

quashed. Therefore, I feel that unless and until, the decisions

which have been referred above, are set aside or altered, the

same decisions are the precedent and have binding effect.

9. Alternatively, Ld.APP submits that if the Court is

inclined to quash the aforesaid FIR, then heavy costs may be

imposed on the petitioners for substantial justice.

10. In the above circumstances, I quash the aforesaid FIR

No.672 dated 06.09.2007 under Section 452/324/380/427/34

of Indian Penal Code, 1860 registered at PS Shakarpur and

all the proceedings emanating therefrom.

11. I find force in the submission of the ld. APP for the

State. Ld. counsel for the petitioners, on instructions from

the petitioners, submits that they wish to contribute some

amount for the welfare of the orphan children and destitute

women. Keeping in view the submission of the ld. counsel

for the petitioners, I direct both the petitioners to pay

Rs.75,000/- each in favour of the Nursery Primary School for

Deaf, B-Block, Kalkaji, New Delhi within two weeks from

today. Proof thereof shall also be placed on record.

12. The Principal of the said school is directed to keep the

amount of Rs.1,50,000/- in FDR initially for a period of three

years to be renewed periodically. The interest accrued on

the same amount shall be utilized for the well being of the

needy children of the school.

13. CRL. M.C. 3343/2011 is allowed and disposed of

accordingly.

SURESH KAIT, J

NOVEMBER 14, 2011 RS