Delhi High Court
Indraprastha Gas Limited & Ors vs State & Anr on 9 May, 2016
#7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 09.05.2016
+ W.P.(CRL.) 1324/2016 & CRL.M.A. No. 6948/2016
INDRAPRASTHA GAS LIMITED & ORS ..... Petitioners
Through Mr. S.K. Pandey, Advocate
versus
STATE & ANR ..... Respondents
Through Mr. Avi Singh, ASC (Crl.)
SI Sunny Kumar and HC Baljit Singh,
PS Rani Bagh
Respondent no. 2 in-person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A. No. 6948/2016 (Exemption)
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of accordingly.
W.P.(CRL.) 1324/2016
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. 601/2014, under Sections 285/336/427 IPC registered at
Police Station- Rani Bagh, Delhi and the proceedings emanating therefrom.
2. The subject FIR came to be registered on a complaint filed by Mr.
Anil Tirthani, respondent no. 2 herein, alleging that there was a gas leakage
in his house which resulted in an explosion and damaged the gas stove.
3. Counsel for the petitioners as well the respondent No.2/complainant
(who is present in Court in person today) state that the dispute that led to the
registration of the subject FIR has been amicably settled by and between the
parties by way of a Compromise Deed dated 9th March, 2016. The salient
terms and conditions as enshrined in the said Compromise Deed are as
follows:-
"1. That the party of the second party has agreed to pay a
sum of Rs. 55,000/- (Rupees Fifty Thousand only) to the
parties of the first part towards full and final settlement of
all claims against the parties of the second part.
2. That the payment of the said sum of Rs. 55,000/-
(Rupees Fifty Five Thousand only) to the parties of the
first part full and final and the party of the first part will
have no further claim in future on any account whatsoever
against the second party.
3. That the parties of the second part has agreed to pay an
amount of Rs. 55,000/- (Rupees Fifty Five Thousand only)
whose details are as follows:-
a) Rs. 25,000/- (Rupees Twenty Five Thousand only) on
the date of signing of this MOU.
b) Rs. 15,000/- (Rupees Fifteen Thousand only) on the
date of signing of petition for quashing of FIR on the basis
of mutual compromise.
c) Rs. 15,000/- (Rupees Fifteen Thousand only) at the date
and time of quashing of FIR before the Hon'ble High
Court of Delhi at New Delhi."
4. Learned counsel appearing on behalf of the petitioners states that in
pursuance to the said compromise deed dated 9th March, 2016, a sum of Rs.
40,000/- has already been paid to the respondent no.2/complainant herein.
The balance sum of Rs. 15,000/- has been handed over to the respondent no.
2/complainant in Court today. The latter acknowledges receipt thereof.
5. Mr. Anil Tirthani, the respondent no.2/complainant in the subject FIR,
who is present in person in Court today and has been identified by the
Investigating Officer namely SI Sunny Kumar, Police Station- Rani Bagh,
Delhi, states that in view of the amicable resolution of the dispute as afore-
stated, he is no longer keen to proceed with the subject FIR and the
proceedings emanating therefrom.
6. In the present case, it is observed that the offences 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 offences 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 amicably by way of a
compromise deed dated 9th March, 2016, without any undue influence,
pressure or coercion; and the settlement between the parties is lawful, no
useful purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
8. Resultantly, FIR No. 601/2014, under Sections 285/336/427 IPC
registered at Police Station- Rani Bagh, Delhi and the proceedings
emanating therefrom are hereby set aside and quashed qua the petitioners
subject to their depositing a sum of Rs. 10,000/- (in aggregate) with the
Victims' Compensation Fund within a period of four weeks from today. The
copy of the receipt thereof be provided to the IO in the subject FIR.
9. With the above directions, the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
MAY 09, 2016
sd
