Delhi High Court
Manpreet @ Anshu vs The Govt Of Nct Of Delhi on 11 May, 2016
#39
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.05.2016
W.P.(CRL) 415/2016
MANPREET @ ANSHU ..... Petitioner
Through: Mr. Gaurav Dua, Advocate
versus
THE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Sanjay Lao, ASC (Criminal) with
Mr. Siddharth Sindhu, Advocate and
SI Neeraj Kumar and ASI Raghu Raj
Singh, PS- Mandawali for R-1
Mr. Dushyant Chaudhary, Advocate
for R-2
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.7484/2016 (Early Hearing)
1. The present application seeks advancement of date of hearing on the
ground that the petitioner and the complainant/respondent No.2 in the subject
FIR have already settled their dispute that led to the registration of the
subject FIR, amicably.
2. In view of the foregoing, since there is no opposition to the present
application, for the reasons stated in the same, which are duly supported by
an affidavit, it is allowed. The hearing of the accompanying petition is
advanced with the consent of the parties. The date already fixed i.e.
19.08.2015 stands cancelled.
3. The application is disposed of accordingly.
W.P.(CRL) 415/2016
1. With the consent of counsel for the parties, the present petition is
being heard and disposed of by way of the present order.
2. 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.0045/2016, under Section 308 IPC , registered
at Police Station- Mandawali Fazalpur, Delhi, and the proceedings arising
therefrom.
3. The subject FIR came to be registered on a complaint made by Ajay
@ Kallu, complainant/respondent No.2, to the effect that Manpreet @
Anshu, the petitioner herein, with whom he had commercial transactions in
the past, accosted him near his house, demanding payment for delivery of
certain goods and assaulted him with an iron rod lying on the spot, on his
refusal to pay the subject amount, by pointing out that account has been
settled earlier.
4. It is an admitted position that Ajay @ Kallu, complainant/respondent
No.2, suffered simple injuries, in the opinion of the concerned doctor, as
expressed in the MLC, as a consequence of the assault,. It is further an
admitted position that the assault was spontaneous and not the product of any
premeditation.
5. Ajay @ Kallu, complainant/respondent No.2, who is present in Court
and has been duly identified by SI Neeraj Kumar, Police Station- Mandawali
Fazalpur and represented by counsel states that in view of the settlement
arrived at between him and the petitioner, he is no longer keen to prosecute
the subject FIR and the proceedings arising therefrom. The settlement deed
dated 29.01.2016 is annexed to the present petition as Annexure-B. The
salient terms of the settlement deed dated 29.01.2016 are as follows:-
"1. That the parties hereto declare that they have
no grievance/claim against each other and
their disputes and differences have been
settled finally hereto with their mutual
consent and with the help of some well
wishers.
2. That it is agreed between the parties that the
parties shall approach the Hon'ble High
Court of Delhi for quashing of the aforesaid
FIR and the First Party shall fully cooperate
for quashing the FIR registered against the
Second Parties as the First Party do not wish
to proceed further in the matter. To this
effect, the First Party shall sign appropriate
documents, affidavit, etc. as required by law
and give them to the Second Party.
3. That the parties have entered into this
Settlement Deed without any pressure, fear,
coercion or undue influence from any corner
and have agreed to abide with the terms and
conditions mentioned herein above as
binding thereupon. This settlement deed is
irrevocable.
4. That this Settlement Deed shall be signed in
duplicate, both of which shall be treated as
original. Each party shall keep one copy
each."
6. I am informed at the Bar that without prejudice to the rights and
contentions, the petitioner has compensated Ajay @ Kallu,
complainant/respondent No.2, towards the medical expenses borne by him,
as a consequence of the alleged assault. The petitioner, who is present in
person in Court today, expresses remorse over the incident and undertakes to
maintain good behaviour henceforth.
7. The petitioner in the present petition is a young man of 21 years and
the subject FIR has the potential to blight his fledgling career.
8. 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. Even
otherwise, the genesis of the dispute is a commercial transaction between
Manpreet @ Anshu, the petitioner herein and Ajay @ Kallu,
complainant/respondent No.2 herein and the alleged incident of assault was
spontaneous and at the spur of the moment.
9. In view of the foregoing, since the dispute which resulted in the
registration of the subject FIR has already been resolved amicably by and
between the parties without any undue influence, pressure or coercion, no
useful purpose will be served by proceeding with the subject FIR and the
proceedings arising therefrom.
10. Consequently, FIR No.0045/2016, under Section 308 IPC, registered
at Police Station- Mandawali Fazalpur, Delhi, and the proceedings arising
therefrom are hereby set aside and quashed qua the petitioner subject to his
performing Kar Sewa at Gurudwara, B-Block, Pandav Nagar, Delhi,
everyday from tomorrow i.e. 12.05.2016 for three hours between 06.00 a.m.
to 09.00 a.m. for a period of one week. Head of the Management of the said
Gurudwara is requested to utilize the services of the petitioner in any manner
he considers appropriate and furnish a certificate qua his conduct at the
expiry of the said period of one week to the IO in the subject FIR, namely, SI
Neeraj Kumar, Police Station- Mandawali Fazalpur, Delhi.
11. The writ petition is allowed and disposed of accordingly.
12. A copy of this order be sent to the Head of the Management of
Gurudwara, Gurudwara, B-Block, Pandav Nagar, Delhi for necessary
information and compliance.
SIDDHARTH MRIDUL, J
MAY 11, 2016
dn
