Delhi High Court
Sangeeta Singh vs State (Govt Of N.C.T Of Delhi) & Ors on 17 May, 2016
42
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 17.05.2016
W.P.(CRL) 1556/2016 & CRL.M.A. 8078/2016
SANGEETA SINGH ..... Petitioner
Through: Mr Lokesh Kumar Mishra and
Mr Sameer Ojha, Advocates.
versus
STATE (GOVT OF N.C.T OF DELHI) & ORS ..... Respondents
Through: Mr Rajesh Mahajan, Addl. Standing
Counsel (Crl.) with Ms Parul Jamwal,
Advocate.
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.1217/2015 under Section 406 IPC registered at Police
Station- New Ashok Nagar, Delhi.
2. It is an admitted position that the complainant in the subject FIR,
namely, Girish Kumar Singh (respondent No.2) and the petitioner are
business partners. The subject FIR came to be registered on an allegation
made by the complainant that a vehicle belonging to him which was
provided to the petitioner was not being returned by the latter. Subsequent to
the registration of the subject FIR better sense prevailed and the parties have
arrived at an amicable resolution vide compromise deed dated 03.05.2016.
The salient terms and conditions of the said compromise deed dated
03.05.2016 are as under:-
"1. That it has been settled between both the
parties that first party returned that Alto car
bearing no. UP-14AW-7348, model 2009
to the second party.
2. That the second party will withdrew his
complaint filed by him, will also withdraw
all his complaint (if any) filed by him at
any authority and will cooperate the first
party in quashing the said FIR.
3. That all litigation expense should be borne
by the first party.
4. That both the parties have compromised
with their free will, without any pressure
coercion upon them, after understanding it
in vernacular language and they have put
their signature on this compromise deed in
the presence of their parents and
respectable persons of the society.
5. That both the parties are bound by this
compromise deed."
3. The complainant present in person in court today and has produced
his Election ID Card for identification. The same is perused and returned.
The complainant states that pursuant to the afore-stated compromise deed
dated 03.05.2016 he is no longer keen to prosecute the subject FIR
particularly in view of the circumstance that the subject vehicle has since
been returned to him.
4. 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
dispute. [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 is private in nature and does not have a serious impact on society.
5. 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 03.05.2016, without any undue influence, pressure or
coercion, no useful purpose will be served by proceeding with the subject
FIR.
6. Resultantly, FIR No.1217/2015 under Section 406 IPC registered at
Police Station- New Ashok Nagar, Delhi, is hereby set aside and quashed
qua the petitioner.
7. With the above direction the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 17, 2016
mk
