Delhi High Court
Mohit Singh & Ors. vs State & Anr. on 26 February, 2016
Author: Suresh Kait
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 26th February, 2016
+ CRL.M.C. No.817/2016
MOHIT SINGH & ORS. ..... Petitioners
Represented by: Mr. R.K. Gupta, Advocate with
Petitioners in person.
Versus
STATE & ANR. ..... Respondents
Represented by: Mr.Arun Kumar Sharma,
Additional Public Prosecutor for
the State with SI Ajay Kumar.
Respondent No.2 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.
706/2014 registered at Police Station Shakarpur, Delhi, for the offences
punishable under Sections 406/420/120-B 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, namely Virender Chahar, due to some misunderstanding. The
matter is at the initial stage of investigation as chargesheet is yet to be
filed. Meanwhile, the respondent No.2 and the petitioners have
amicably settled their disputes vide settlement deed dated 23.10.2015.
Thus, respondent No.2 has no objection if the present petition is
allowed.
3. Respondent No.2 is personally present in the Court and has been
duly identified by the Investigating Officer of the case. He does not
dispute the submissions made by learned counsel for the petitioners
and submits that the matter has been amicably settled with the
petitioners. The respondent No.2 affirms the contents of the aforesaid
settlement and of his affidavit dated 06.01.2016 filed in support of the
present petition and submits that he does not wish to pursue this case
further against the petitioners.
4. Learned Additional Public Prosecutor appearing on behalf of the
State submits that the matter is at the initial stage of investigation as
chargesheet has not yet been filed against the petitioners. Since the
respondent No.2 has settled the dispute with the petitioners and does
not wish to pursue this case further, therefore, the State has no
objection if the present petition is allowed.
5. Undisputedly, offence punishable under Sections 406/420/120-B
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 before the learned Trial Court
for compounding the matter.
6. Both the parties who are present in the Court today, approbate
the aforesaid settlement dated 23.10.2015 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 Additional Public Prosecutor 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. 706/2014 registered at Police Station
Shakarpur, Delhi, for the offences punishable under Sections
406/420/120-B IPC and all proceedings emanating therefrom are
hereby quashed qua the petitioners.
9. Accordingly, the present petition is allowed with no order as to
costs.
SURESH KAIT
(JUDGE)
FEBRUARY 26, 2016
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