Delhi High Court
Sushil Kumar & Ors vs The State (Govt Of Nct Of Delhi) & ... on 20 November, 2015
Author: Suresh Kait
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 20th November, 2015
+ CRL.M.C. 4699/2015
SUSHIL KUMAR & ORS ..... Petitioners
Represented by: Mr. G.P. Thareja and
Mr. Piyush Jain, Advs.
versus
THE STATE (GOVT OF NCT OF DELHI)
& ANR ..... Respondents
Represented by: Ms. Meenakshi Chauhan, APP
for State with SI Santosh Kumar, PS-Mayapuri.
Mr. Jaideep Malik, Adv. for R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A. 16883/2015 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
+ CRL.M.C. 4699/2015
1. Vide the present petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek directions quashing of FIR
No.213/2006 registered at Police Station Mayapuri for the offences
punishable under Sections 420/34 of the IPC and the consequential
proceedings emanating therefrom against them.
2. Learned counsel appearing on behalf of the petitioners submits that
the aforesaid case was registered on the complaint of respondent No.2,
Ravi Singhania. Meanwhile, both the parties approached the Delhi High
Court Mediation and Conciliation Centre, New Delhi and settled their
disputes vide settlement dated 16.10.2015. Thus, respondent No.2 does
not want to pursue the case further against the petitioners.
3. Respondent No.2 is personally present in the Court with his
Counsel. He has been duly identified by SI Santosh Kumar, Investigating
Officer of the case. Ld. Counsel on instructions submits that the matter
has been settled between the parties and respondent no. 2 has no
complaint whatsoever against the petitioners and if the present petition, he
has no objection.
4. Learned Additional Public Prosecutor appearing on behalf of the
State submits that after investigation, police has filed the chargesheet,
charges have been framed and the case is pending for prosecution
evidence. Since the parties have amicably settled the matter and the
respondent No.2/complainant does not wish to pursue the case further
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 420 of the IPC is
compoundable. As such, parties invoked the jurisdiction of this Court
under Section 482 Cr P C, instead of moving learned Trial Court for
compounding the matter.
6. Both the parties are present in the Court today, approbate to the
aforesaid settlement dated 16.10.2015 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.213/2006 registered at Police Station
Mayapuri for the offences punishable under Sections 420/34 of the IPC
and all proceedings emanating therefrom are hereby quashed against the
petitioners.
9. Accordingly, the present petition is allowed.
SURESH KAIT
(JUDGE)
NOVEMBER 20, 2015
JG
