Delhi High Court
R Radhakrishanan & Ors vs State Nct Of Delhi & Anr on 31 October, 2011
Author: Suresh Kait
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.3572/2011
% Judgment delivered on:31st October, 2011
R RADHAKRISHANAN & ORS ..... Petitioners
Through: Mr. B.L. Madhukar, Adv.
versus
STATE NCT OF DELHI & ANR ..... Respondents
Through: Ms. Ritu Gauba APP for State/
R-1. Mr. Rajesh Kumar, 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
in the Digest? No.
SURESH KAIT, J. (Oral)
1. Ld. Counsel for the petitioner submits that vide FIR no.
703 dated 30.09.1999, case under Section
342/323/354/148/149/308/34 IPC against the petitioners was
registered at Police Station - Hari Nagar on the complaint of
respondent no. 2 Zile Singh.
2. Further submits that respondent no. 2 / complainant
has amicably settled all the issues qua the aforesaid FIR vide
compromise deed dated 07.09.2011. The respondent no. 2 /
complainant does not want to pursue the case further.
3. Respondent no. 2 / complainant Zile Singh present in
the Court with his Counsel Mr. Rajesh Kumar. Ld. Counsel on
instruction from respondent no. 2 / complainant submits that
the matter has been compromised with the petitioners and
therefore respondent no. 2 does not want to pursue the case
further against them and if the FIR is quashed, he has no
objection.
4. Ld. APP for the State has strongly opposed in quashing
the FIR and submits that recently Division Bench of Hon'ble
Supreme Court in case Gian Singh Vs. State of Punjab &
Anr. in SLP (Crl.) No.8989/2010 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 to determine the correctness of the three decisions.
5. Alternatively, she has prayed that if the court is
inclined to quash the FIR, heavy cost be imposed on the
petitioners.
6. Since, I have taken view in number of cases, keeping in
view the Judgment in a case Nari Motiram Hira Vs.
Avinash Balkrishnan & Anr. in Crl.W.P.No.995/2010
decided on 03.02.2011 whereby the Double Bench of
Bombay High Court has quashed the FIR when the
compoundable offences were there.
7. I am also of the view that till the larger bench of the
Supreme Court has reversed or alter the decisions in cases
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, these Judgments still hold the field.
8. Respondent no. 2 is not interested to pursue the matter
as amicably the settled the issue. Respondent no. 2 is a
driver in a Tihar Jail. Petitioners are also working as
Constable in Tihar Jail except Petitioner no. 6, K.V.
Radhakrishnan, who has recently retired as Deputy
Commandant from Tihar.
9. In the facts and circumstances and in the interest of
justice, I quash the present FIR with emanating proceedings
thereto. Since, I found force in the submission of Ld. APP for
State that Govt. machinery has been used and precious
time of the Court has been consumed, therefore while
quashing the FIR I impose a cost of Rs.5,000/- each to
petitioner no. 1 to 5, who were working as constable in Tihar
Jail and Rs.10,000/- on petitioner no. 6, though he is retired,
but at the relevant time he was posted as Deputy
Commandant at Tihar Jail.
10. The cost shall be paid within 2 weeks from today. Proof
of the same shall be placed on record. The petitioners have
come forward and wish to donate the same amount for some
welfare purposes. Therefore, I direct them to pay the cost in
favour of welfare fund for children and destitute women at
Nirmal Chhaya, Tihar Jail Complex, New Delhi.
11. Crl.M.C. 3572/2011 is allowed on the above terms.
12. Since Crl.M.C. 3572/2011 is allowed, Crl. M.A.
12691/2011 become infructuous and disposed of as such.
13. Dasti.
SURESH KAIT,J
OCTOBER 31, 2011
jg
