Delhi High Court
Surender Bhasin & Anr vs State Of Nct Of Delhi & Anr on 19 October, 2011
Author: Suresh Kait
$~ 39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.No.3473/2011
% Judgment delivered on:19th October, 2011
SURENDER BHASIN & ANR ..... Petitioners
Through : Mr. S.K. Jain, Adv.
versus
STATE OF NCT OF DELHI & ANR ..... Respondents
Through : Ms. Ritu Gauba, APP for the
State/R-1 with SI Karambir Singh
Mr. Rais Farooqui, Adv. for R-2.
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 NO
in the Digest?
SURESH KAIT, J. (Oral)
CRL. M.A. 12340/2011 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 3473/2011
1. Notice issued.
2. Ms.Ritu Gauba, learned APP accepts notice on behalf of
State/Respondent No.1.
3. Mr.Rais Farooqui, Adv. accepts notice for respondent
No.2.
4. Ld. Counsel for the petitioner submits that vide FIR
No.662 dated 16.09.2011 a case under Section 448/380 was
registered against the petitioners at PS Shakarpur, Delhi.
Further submits that thereafter the matter has been settled
between the parties vide settlement dated 19.09.2011. As
per the aforesaid settlement, Rs.3 lakhs has already been
paid to respondent No.2. In these circumstances, it is
prayed that the FIR in the present case may be quashed.
5 Respondent No.2 Mr.Ramakant Pandey is personally
present with his counsel Mr. Rais Farooqui, who has
identified respondent No.2. In addition, SI Karambir Singh
has also identified him as Mr. Ramakant Pandey.
6. On instructions, ld. Counsel for respondent No. 2
submits that as per the aforesaid settlement dated
19.09.2011, the entire amount has been received by
respondent No.2. Therefore, he does not want to pursue the
case further against the petitioners. He has no objection if
the FIR in the present case and the proceedings emanating
therefrom are quashed.
7. Ld. APP submits that the case is pending for
investigation and the charge-sheet is yet to be filed. Further
submits, that in case this Court is inclined to quash the FIR,
heavy costs should be imposed on the petitioners.
8. Learned APP for State has referred the case 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. She further states that till the decision of
the larger Bench, the FIR in the present case may not be
quashed.
9. I find force in the submission of the ld. APP. However, I
have already taken my view in the earlier cases, therefore,
on the basis of the view taken by 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 of 'non-
compoundable' category as per Section 320 Cr. P.C.
Therefore, I fell that unless and until, the decisions which
have been referred above, are set aside or altered, the same
decisions are the precedent and binding effect.
10. Ld. Counsel for the petitioner, on instructions from the
petitioners, submits that they wish to donate some amount
for the welfare purposes.
11. I appreciate the gesture advanced by the petitioners.
Accordingly, I direct the petitioners to deposit a sum of
Rs.50,000/- each in favour of the Principal/Head Master of
'Aanchal-School for Physically Challenged & Mentally
Retarded Children, Kautilya Marg, Chankyapuri, New Delhi
within two weeks from today. Proof thereof shall be placed
on record.
12. Further I direct the Principal concerned that the said
total amount of Rs.1 lakh be deposited in FDR initially for a
period of three years which shall be renewed periodically
thereafter. The amount of interest accrued thereon shall be
utilisied for the welfare of the needy physically challenged
and mentally retarded children.
13. In case there is no such account opened by the
Principal of the aforesaid school, I further direct him/her to
open the same within 03 days from the receipt of this order.
Firstly, this amount shall be deposited in that account and
thereafter steps shall be taken a directed above.
24. Keeping the aforesaid discussion into view, in the
interest of justice, I hereby quash the FIR No.662 dated
16.09.2011 under Section 448/380 registered against the
petitioners at PS Shakarpur, Delhi and the criminal
proceedings emanating therefrom.
25. In view of above, Criminal M.C.No.3473/2011 is
allowed.
28. Dasti.
SURESH KAIT,J
OCTOBER 19, 2011
RS
