Delhi High Court
Madhu Panchal & Anr vs State & Anr on 18 January, 2012
Author: Suresh Kait
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 191/2012
% Judgment delivered on:18th January, 2012
MADHU PANCHAL & ANR ..... Petitioners
Through : Mr. K.B.B. Singh, Adv.
versus
STATE & ANR ..... Respondents
Through : Ms. Rajdipa Behura, APP for
State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CRL. M.A. 712/2012(Exemption)
Allowed subject to all just exceptions.
CRL. M.C. 191/2012
1 Notice issued.
2 Learned APP accepts notice on behalf of State/respondent No. 1.
3 Respondent No. 2 is personally present in the court today.
4 Learned counsel for the petitioners submits that vide FIR No.
267 dated 21.11.2010, a case under Sections 420/120- B of Indian
Penal Code, 1860 was registered against the petitioners on the
complaint of respondent No.2 at P.S. Karawal Nagar.
5 Learned counsel for the petitioner submits that the matter has
been amicably settled between the parties and respondent No. 2 does
not want to pursue the case further.
6 Respondent No. 2 is present in the court today and he has been
duly identified by IO/SI Ashwani Ambaria,P.S. Karawal Nagar. He
submits that in view of the settlement arrived at between the parties, he
does not want to pursue the matter further. He has no objection if the
present FIR is quashed.
7 Learned APP for State submits that the offence committed under
Section 120B Indian Penal Code, 1860 is non-compoundable in nature.
8 Learned APP referred the decision of Hon'ble Supreme Court in
Gian Singh v. 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 & Anr.
(2008) 9 SCC 677 & Manoj Sharma v. State & Ors. (2008) 16 SCC 1
to the larger Bench for re-consideration whether the abovesaid three
decisions were decided correctly or not. Therefore, she has prayed that
till the matter is decided by the larger Bench of the Apex Court, instant
petition may be adjourned sine-die. Alternatively, she prayed that in
the event, the FIR is quashed, heavy costs should be imposed upon the
petitioners, as the government machinery has been used and precious
time of the Court has been consumed.
9 The Division Bench of Mumbai High Court in Nari Motiram
Hira v. Avinash Balkrishnan & Anr. in Crl.W.P.No.995/2010 decided
on 03.02.2011 has permitted for compounding of the offences of 'non-
compoundable' category as per Section 320 Cr. P.C. even after
discussing Gian Singh (supra).
10 Therefore, I feel that unless and until, the decisions which have
been referred above, are set aside or altered, by the larger Bench of the
Supreme Court, all the above three decision hold the field and are the
binding precedents.
11 Further submits that if this court is inclined to quash the FIR,
heavy costs shall be imposed upon the petitioners as in the process,
Government Machinery has been consumed and the precious time of
the court has been mis-used.
12 I find force in the submissions made by learned APP for State.
13 I, accordingly direct petitioner No. 1 to pay a costs of Rs.15,000/-
and petitioner No. 2 to pay a costs of Rs.25,000/- in favour of Nursery
Primary School for Mentally Retarded Children, Mayur Vihar, Delhi,
within a period of 02 weeks from today. Proof of the payment of costs shall
be placed on record.
14 The principal/Head Master of the above mentioned School is
directed to keep the above mentioned costs of Rs.40,000/- in FDR
initially for a period of 02 years with any Nationalized bank and
thereafter, get the FDR renewed periodically. The interest accrued
thereon shall be utilized for the well being of the needy children of the
school.
15 Accordingly, in view of above discussion and in the interest of
justice, I quash the FIR No. 267/2010 registered at P.S. Karawal
Nagar, North-East District, Delhi and all the proceedings emanating
therefrom.
16 Criminal M.C. 191/2012 is disposed of.
17 Dasti.
SURESH KAIT, J
JANUARY 18, 2012
j
