Delhi High Court
Dinesh Sharma & Ors vs The State (Nct Of Delhi) & Anr on 15 December, 2015
Author: Suresh Kait
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 15th December,2015
+ CRL.M.C. No.5086/2015
DINESH SHARMA & ORS
..... Petitioners
Represented by: Mr.A.N.Aggarwal, Adv with
petitioners in person.
versus
THE STATE (NCT OF DELHI) & ANR
..... Respondents
Represented by: Mr.Kamal Kumar Ghei, APP
for the State with ASI
Davendra, PS Dabri, Delhi.
Mr.Prashant Tanwar, Adv
for R2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A.18324/2015 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
CRL.M.C. No.5086/2015
1. Vide the present petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR No.227/2006
registered at Police Station Dabri for the offences punishable under
Sections 325/341/506/34 of the IPC and the consequential proceedings
emanating therefrom against them.
2. Learned counsel appearing on behalf of the petitioners submit that
the aforesaid case was registered on the complaint of respondent No.2,
Smt.Satya Bala and police charge sheeted the petitioners and after
framing of charges matter is pending trial before learned Trial Court.
Meanwhile, the respondent No.2 has amicably settled her disputes with
the petitioners vide Compromise Deed dated 26.09.2014 before Mediation
Centre, Dwarka Courts, New Delhi. On arriving such settlement,
respondent No.2 is no more interested to pursue her case anymore against
them and has no objection, if the present petition is allowed.
3. Respondent No.2 is personally present in the Court through learned
counsel above named and has been duly identified by the Investigating
Officer of the case. Learned counsel for respondent No.2 under
instructions does not dispute as to what is stated by learned counsel for
petitioners and consequent to settlement, respondent No.2 does not wish
to pursue this case further and has no objection if the present petition is
allowed.
4. Learned Additional Public Prosecutor appearing on behalf of the
State submits that matter is at the stage of trial. Since the parties have
amicably settled the matter and the respondent No.2/ complainant does
not wish to pursue the case against the petitioners, therefore, looking to
the overall circumstances, no useful purpose will be served in continuing
the proceedings. Thus, the State has no objection if the present petition is
allowed.
5. Undisputedly, offence punishable under Section 325/341/506/34 of
the IPC are compoundable and matter is pending trial before learned Trial
Court. The parties invoked the jurisdiction of this Court under Section
482 Cr P C, instead of moving before learned Trial Court for
compounding the matter only for the reason that cross case vide FIR
No.224/2006 vide Crl.M.C.No.5085/2015 involving non-compoundable
offence is preferred by them.
6. Both the parties who are present in the Court today, approbate the
aforesaid settlement dated 26.09.2014 and undertake to remain bound by
the same.
7. In view of the above discussion, considering the settlement arrived
at between the parties and the statement of respondent No.2 and the
learned counsel for the State, I am of the considered opinion that this
matter deserves to be given a quietus as continuance of proceedings
arising out of the FIR in question would be an exercise in futility.
8. Consequently, FIR No.227/2006 registered at Police Station Dabri
for the offences punishable under Sections 325/341/506/34 of the IPC and
all proceedings emanating therefrom, are hereby quashed.
9. Accordingly, the present petition is allowed.
SURESH KAIT
(JUDGE)
DECEMBER 15, 2015
M
