Delhi High Court
Sahil Narang & Anr vs State (Nct Of Delhi) & Anr on 30 October, 2015
Author: Suresh Kait
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 30th October, 2015
+ CRL.M.C. No.3807/2015
SAHIL NARANG & ANR
..... Petitioners
Represented by: Mr.Vinod Dubey, Adv with
petitioners in person.
versus
STATE (NCT OF DELHI) & ANR
..... Respondents
Represented by: Mr.Mukesh Kumar, APP for
the State with SI Durgadass,
PS Saket, New Delhi for R1.
Mr.Ashok Kumar Shukla,
Adv for respondent No.2
with R2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR No.200/2015
registered at Police Station Saket for the offences punishable under
Sections 406/420 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,
Nikhil Chanana and matter is pending investigation with the police.
Meanwhile, the respondent No.2 has amicably settled his disputes with
the petitioners vide Compromise Deed dated 04.09.2015 for a total sum of
Rs.1.50 Lac, which has already been paid to him by the petitioners. On
receipt of agreed amount, respondent No.2 is no more interested to pursue
his 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. For his identification, produced the original
driving licence bearing No.4284/2002 having validity till 30.09.2022
issued by the MLO, Faridabad, Haryana. Original seen and returned to
him. 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 and receipt of entire amount, 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 initial stage of investigation. 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 406/420 of the IPC
is compoundable and matter is pending investigation with the police. 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 who are present in the Court today, approbate the
aforesaid settlement dated 04.09.2015 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.200/2015 registered at Police Station Saket
for the offences punishable under Sections 406/420 of the IPC and all
proceedings emanating therefrom, are hereby quashed.
9. In view of the above, the present petition is allowed.
SURESH KAIT
(JUDGE)
OCTOBER 30, 2015
M
