Delhi High Court
Kamal Puri vs The State & Anr on 16 December, 2015
#30
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.12.2015
W.P.(CRL) 2958/2015
KAMAL PURI ..... Petitioner
Through: Mr. M.L. Gupta, Advocate
versus
THE STATE & ANR ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with Mr. Rohit Kaul and Mr. Ashish
Negi, Advocates and SI Vishvendra,
PS- Seema Puri, Delhi for R-1
Respondent No.2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter
referred to as 'the Code') seeking quashing of FIR No.1089/2015, under
Section 408 IPC, registered at Police Station- Seemapuri, Delhi and the
proceedings arising therefrom.
2. The allegations that lead to the registration of the subject FIR are that
Kamal Puri, the petitioner herein, who was employed with the complainant
Prakash Dutt Sharma, respondent No.2 herein, had unauthorizedly left the
premises with certain electronic goods.
3. Counsel for the parties, on instructions from the parties who are
present in person in Court and have been identified by the IO SI Vishvendra,
Police Station- Seema Puri, state that with the intervention and help of
respectable persons of the society, the dispute has been amicably resolved
and the inadvertent loss suffered by the complainant is stated to have been
compensated.
4. The compromise entered into between the parties has been acted upon
and has been reduced to writing. The compromise dated 02.11.2015 is
annexed to this petition as Annexure - A. The salient terms and conditions
of the said compromise dated 02.11.2015 are as follows:-
"1. That the second party has agreed that he does
not want any further legal action in respect of
the aforesaid FIR against the first party.
2. That the second party has also agreed to
cooperate the first party to get the aforesaid FIR
quashed.
3. That the parties will file petition for getting the
aforesaid FIR quashed before the Hon'ble High
Court of Delhi.
4. That the first party will bear the expenses of the
quashing petition filed before the Hon'ble High
Court of Delhi and he will not demand any
amount in this behalf from the second party.
5. That the second party has been compensated of
his loss/damage suffered by him on account of
the first party and now the second party does
not want any action against the first party.
6. That the parties have agreed that they will not
file any case, complaint etc. against each other
and they will not claim anything against each
other."
5. The present case does not fall within the category exempted from
quashing in terms of the decision of the Supreme Court in Gian Singh vs.
State of Punjab and Anr. reported as (2012) 10 SCC 303, since it does not
affect the general public at large and it is a private affair.
6. The offences alleged to have been committed by the petitioner Kamal
Puri are punishable under Section 320 of the Code.
7. Resultantly, FIR No.1089/2015, under Section 408 IPC, registered at
Police Station- Seemapuri, Delhi and the proceedings arising therefrom are
hereby set aside and quashed qua the petitioner.
8. The writ petition is disposed of accordingly.
SIDDHARTH MRIDUL, J
DECEMBER 16, 2015
dn
