Ankur Jain & Ors vs State (Govt Of Nct Of Delhi) & Ors
2016 Latest Caselaw 114 Del

#16
       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                 Date of Decision: 07.01.2016
W.P.(CRL) 2908/2015
ANKUR JAIN & ORS                                  ..... Petitioners
                         Through:     Mr. B.P. Sharma and Ms. Archana
                                      Sharma, Advocates

                         versus


STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents
                 Through: Mr. Ashish Negi and Mr. Rohit Kaul,
                          Advocates for Ms. Richa Kapoor, ASC
                          (Criminal) and SI Rambir, PS-
                          Parliament Street and SI Ram Kumar,
                          PS- North Avenue for R-1
                          Mr. T.S. Varun, Advocate for R-2 & R-3
                          along with R-2 & R-3 in person

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 (Cr.P.C.)

seeking quashing of FIR No.67/2012, under Sections 420/468/471/120-B IPC,

registered at Police Station- Parliament Street, New Delhi and the proceedings

arising therefrom.

2. The facts in brief are that the subject FIR came to be registered as a

consequence of an alleged impersonation of one Salek Chand Jain who has

since passed away. The subject FIR admittedly does not name Mukesh Jain and

Anil Jain, petitioners No.2 and 3 respectively, who are the sons of late Salek

Chand Jain and the other petitioners. The sole grievance of the petitioners is

that they have been summoned by the Investigating Officer in the subject FIR.

3. It is an admitted position that the complainants in the subject FIR have

already made a statement before the trial court to the effect that they do not

wish to prosecute the subject FIR against the petitioners herein.

4. The complainants, who are present in Court and have been identified by

the IO SI Rambir, Police Station- Parliament Street, New Delhi as well as Mr.

T.S. Varun, learned counsel appearing on behalf of the complainants, state that

they shall continue to abide by the statement made before the trial court and

they do not wish to prosecute the subject FIR against the petitioners.

5. In view of the foregoing, since Salek Chand Jain, the principal accused in

the subject FIR has since passed away and the complainants do not wish to

prosecute the subject FIR against the petitioners herein, no useful purpose shall

be served by continuing with the subject FIR and the proceedings arising

therefrom.

6. In view of the above, FIR No.67/2012, under Sections 420/468/471/120-

B IPC, registered at Police Station- Parliament Street, New Delhi and the

proceedings arising therefrom are hereby set aside and quashed qua the

petitioners subject to the petitioners depositing a sum of Rs.5,000/- each with

the Victim's Compensation Fund, Government of NCT of Delhi within a period

of two weeks from today. The receipt thereof shall be provided to the

concerned Investigating Officer in the subject FIR.

7. The writ petition is disposed of accordingly.

SIDDHARTH MRIDUL, J JANUARY 07, 2016 dn