Delhi High Court
Ashish Ranjan Nayak vs The State ( Nct Of Delhi) & Anr on 24 May, 2016
#45
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24.05.2016
W.P.(CRL) 1644/2016
ASHISH RANJAN NAYAK ..... Petitioner
Through: Mr. Niyamat Hussain, Advocate
Petitioner in person
Versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with Ms. Mallika Parmar, and Ms.
Ritika Bhalla, Advocates and ASI
Mahavir Singh, PS- Neb Sarai
Respondent No.2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.8557/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 1644/2016
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 (Cr.P.C.)
seeking quashing of FIR No.350/2016, under Section 420 IPC, registered at
Police Station- Neb Sarai, Delhi and the proceedings arising therefrom.
2. The subject FIR came to be registered at the instance of Vijay Kumar,
respondent No.2/complainant herein, against the petitioner, on the allegation
that the petitioner had cheated him at the time when he approached the
former for transfer of cash from one bank to another and had left without
handing over the money to him.
3. Counsel appearing on behalf of the petitioner as well as counsel
appearing on behalf of the Vijay Kumar, respondent No.2/ complainant state
that the parties have settled their disputes which led to the registration of the
subject FIR, amicably. The salient terms and conditions of the amicable
resolution of the disputes between the parties are enshrined in the
compromise deed dated 23.04.2016 annexed as Annexure B to this petition.
The salient terms and conditions of the compromise deed dated 23.04.2016
are as follows:-
"1. That the First Party and the Second Party
have compromised all their disputes and
misunderstanding and with the intervention
of well wishers and friends without any
threat, pressure, inducement, promise and
coercion.
2. That the First Party has paid the agreed
settlement amount of Rs.40,000/- (Rupees
Forty Thousand only) to the Second Party in
cash.
3. That the Second Party shall appear before
the Hon'ble High Court of Delhi at the time
of hearing of quashing petition which shall
be filed in respect of quashing of FIR
No.350/2016, registered U/s 420 IPC at P.S.
Neb Sarai, New Delhi and Second Party
shall give statement in the Hon'ble High
Court for the purposes mentioned above."
4. Pursuant to the afore-stated compromise deed dated 23.04.2016,
counsel appearing on behalf of Vijay Kumar, respondent No.2/complainant
herein, states that he has already received a sum of Rs.40,000/-, which
constitutes the amount, which he had transferred, as aforesaid, on behalf of
the petitioner and, therefore, he has no grievance left against the petitioner.
5. Vijay Kumar, respondent No.2/complainant, who is present in person
and has been duly identified by IO ASI Mahavir Singh, Police Station- Neb
Sarai, states that in view of the afore-stated amicable resolution, he is no
longer keen to proceed with the subject FIR and the proceedings arising
therefrom.
6. The petitioner has clean antecedents and admittedly there are no other
previous or pending cases against him. The petitioner is a young migrant
from Orissa, who is gainfully employed with a firm in Noida, Uttar Pradesh
and the present proceedings have the potential to blight his career prospects.
The petitioner, who is also present in Court today, has expressed deep
remorse at the incident and assures this Court that there will not be a
repetition.
7. In the present case, it is observed that the offence in the subject FIR
does 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.
8. 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.
9. Consequently, FIR No.350/2016, under Section 420 IPC, registered at
Police Station- Neb Sarai, Delhi and the proceedings arising therefrom are
hereby set aside and quashed qua the petitioner.
10. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MAY 24, 2016
dn
