Rajeev Kumar Mishra vs The State ( Govt Of Nct Delhi) & Anr
2016 Latest Caselaw 960 Del

#5

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of decision: February 08, 2016

+       W.P.(CRL) 205/2016

        RAJEEV KUMAR MISHRA                         ..... Petitioner
                    Through             Ms. Vidhushi Sharma for Mr. RCS
                                        Badhuria, Advocate along with
                                        petitioner

                           versus

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

Through Mr. R.S. Kundu, Addl. Standing Counsel (Crl.) with Mr. Ankit Gulia and Mr. Vishesh Wadhwa, Advocates SI Prateek Saxena, P.S. Anand Vihar Mr. Mukesh Anand, Adv. for R-2 along with R-2/complainant

CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

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 seeking

quashing of FIR No. 454/2014, under Section 420 IPC registered at Police

Station- Anand Vihar, Delhi and the proceedings arising therefrom.

2. Both the complainants in the subject FIR namely Pramod Kumar, S/o

Shri Raj Kumar and Sanjay Kohli, S/o R.L. Kohli, who are present in Court

today and have been identified by the Investigating Officer in the subject

FIR namely SI Prateek Saxena, Police Station- Anand Vihar, Delhi, state that

in terms of the order dated 22nd January, 2016 passed by this Court in

Execution Petition No. 162/2014, the complainants have arrived at an

amicable resolution of all their outstanding disputes that led to the

registration of the subject FIR against Rajeev Kumar Mishra, the petitioner

herein.

3. Counsel for the parties state that in terms of the amicable resolution of

the dispute, an amount of Rs. 14 lakhs has been paid by the petitioner herein

to both the complainants herein namely Pramod Kumar and Sanjay Kohli.

4. In view of the foregoing, it is urged on behalf of the complainants that

they are no longer keen to proceed with the subject FIR and the proceedings

emanating therefrom.

5. The statements made on behalf of the complainants herein are

reflective of the affidavits filed on their behalf and placed on record in the

present writ petition.

6. In the present case, it is observed that the offence in the subject FIR do

not fall within the exempted categories of serious/heinous offences which

ought not to be quashed on the ground of an amicable resolution of the

disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)

10 SCC 303]. The offence alleged to have been committed in the subject

FIR are private in nature and do not have a serious impact on society.

7. In view of the foregoing, since the dispute that led to the registration

of the subject FIR has been settled between the parties, no useful purpose

will be served by proceeding with the subject FIR and the proceedings

arising therefrom.

8. Resultantly, FIR No. 454/2014, under Section 420 IPC registered at

Police Station- Anand Vihar, Delhi and the proceedings arising therefrom

are hereby set aside and quashed qua the petitioner- Rajeev Kumar Mishra.

9. With the above directions, the present writ petition is allowed and

disposed of accordingly.

SIDDHARTH MRIDUL, J FEBRUARY 08, 2016 SD