Delhi High Court
Anil Kumar Jain & Ors. vs State (Nct Of Delhi) & Anr. on 13 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 13, 2015
+ CRL.M.C. 5080/2014
ANIL KUMAR JAIN & ORS ..... Petitioners
Through: Mr. Amiy Shukla, Advovate
versus
STATE (NCT OF DELHI) & ANR .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for respondent-
State with SI Bal Mukund
Ms. Ayushi Kiran, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.32/2013 under Sections 370/374/342/34 of
IPC and Sections 16/17/18/19 of the Bonded Labour System (Abolition)
Act, 1976 and Sections 23/26 of the Juvenile Justice (Care and Protection
of Children) Act, 2000 registered at P.S. Rajinder Nagar, Delhi is sought
on the basis of the Settlement Agreement (Annexure P- 2), which has been
acted upon in the criminal proceedings. It is so evident from the certified
copy of order of 15th October, 2014 (Annexure P- 3) of the revisional
court.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that the prosecutrix and her father are present in the Court
CRL.M.C. 5080/2014 Page 1
and they have been identified to be so by SI Bal Mukund on the basis of
identity proofs produced by them. It is submitted by the prosecutrix and
her father that the aforesaid Settlement Agreement between the parties has
been arrived at and terms thereof have been acted upon as she has already
received demand draft of `50,000/- out of the settled amount and today,
she has received a demand draft bearing No.003925 of 1 st December,
2014 for `50,000/-. Prosecutrix submits that now she is aged 16 years and
is presently lodged in Children Home, Nirmal Chhaya Complex, Jail
Road and wants to be under the guardianship of her father, who is present
in the Court.
Respondent No.2-Sukhlal Oranga, who is the father of prosecutrix,
present in the Court, submits that the expenses incurred by him ought to
be given to him.
Learned counsel for petitioners, on instructions, submits that a sum
of `30,000/- in cash would be handed over to father of the prosecutrix
towards the expenses, etc., against a receipt and the said would be
promptly placed on record.
Learned Additional Public Prosecutor for respondent-State informs
that the FDR of `50,000/- already given by petitioners to prosecutrix has
been lapsed and now the same be prepared afresh and the amount be
deposited in the bank account of the prosecutrix at the Nirmal Chhaya
Complex and the said bank account of prosecutrix be transferred to her
native place.
Let it be so done.
In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Apex
Court has recognized the need of amicable resolution of disputes in cases
CRL.M.C. 5080/2014 Page 2
like the instant one, by observing as under:-
"61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings."
In the facts and circumstances of this case , the said FDR stands
cancelled and now the same be prepared afresh and the prosecutrix be
released from Children Home at Nirmal Chhaya Complex and her
custody be handed over to her father, who is present in the Court.
Upon compliance of aforesaid directions, FIR No.32/2013 under
Sections 370/374/342/34 of IPC and Sections 16/17/18/19 of the Bonded
Labour System (Abolition) Act, 1976 and Sections 23/26 of the Juvenile
Justice (Care and Protection of Children) Act, 2000 registered at P.S.
Rajinder Nagar, Delhi and the proceedings emanating therefrom shall
stand quashed qua petitioners.
This petition is accordingly disposed of. The Incharge, Children
Home, Nirmal Chhaya Complex, Jail Road, New Delhi be apprised of
this judgment forthwith for compliance and report.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 13, 2015
s
CRL.M.C. 5080/2014 Page 3
