Manish & Ors vs State (Govt Of Nct Of Delhi) & Anr
2015 Latest Caselaw 7912 Del

#24
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 14.10.2015


W.P.(CRL) 2317/2015


MANISH & ORS                                        ..... Petitioners
                           Through:     Mr. Rajiv Bajaj, Advocate

                           versus



STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents

Through: Ms. Nandita Rao, ASC (Criminal) with Ms. Srilina Roy, Advocate and SI Abhishek Kumar, PS- Prasad Nagar, Delhi for R-1 Respondent No.2/Complainant in person

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

CRL.M.A.15233/2015 (Exemption)

Exemption granted subject to all just exceptions.

The application is disposed of accordingly.

W.P.(CRL) 2317/2015

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 (Cr.P.C.)

praying for quashing of FIR No.501/2015, under sections 394/34 IPC,

registered at Police Station- Prasad Nagar, Delhi and the proceedings arising

therefrom.

2. Briefly encapsulated the facts are that the complainant, who is a tailor

by profession, alleged that the petitioner forcibly broke into his premises and

removed certain articles. On the basis of the said complaint, the subject FIR

was registered.

3. The complainant, who is present in person and has been identified by

the IO in the subject FIR namely, SI Abhishek Kumar, Police Station- Prasad

Nagar, Delhi states that subsequent to the registration of the subject FIR,

with the intervention of friends and family members, the parties have settled

their disputes which arose out of a business transaction, inasmuch as, the

petitioners have been purchasing stitched clothes from the complainant and

there was a disagreement over the quality of the cloth utilized by the

complainant.

4. Since the dispute between the parties, which arose out of a commercial

transaction and lead to the registration of the subject FIR has been amicably

resolved by and between the parties without any undue influence, pressure or

coercion, no useful purpose shall be served by proceeding with the subject

FIR and the proceedings arising therefrom. This view is supported by the

decision of the Supreme Court in Gian Singh vs. State of Punjab and

Another reported as (2012) 10 SCC 303.

5. Resultantly, FIR No.501/2015, under sections 394/34 IPC, registered

at Police Station- Prasad Nagar, Delhi and the proceedings arising therefrom

are hereby set aside and quashed qua all the petitioners subject to their

depositing a sum of Rs.5,000/- (Rupees Five Thousand) each with the

Victims Compensation Fund, Government of NCT of Delhi within a period

of two weeks from today. The receipt of the said deposit shall be furnished to

the concerned IO.

6. The writ petition is disposed of accordingly.

7. Dasti.

SIDDHARTH MRIDUL, J

OCTOBER 14, 2015 dn