Eric Paul vs State & Ors.
2019 Latest Caselaw 6647 Del

$~20
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 18.12.2019

+      CRL.M.C. 4076/2019
       ERIC PAUL                                         ..... Petitioner
                          Through        Mr. S. Gowthaman, Adv.

                          versus

       STATE & ORS.                                  ..... Respondents
                          Through        Mr. Izhar Ahmed, APP for State
                                         SI Jasmer Singh, PS Jahangir Puri
                                         Ms. Shivani Jena with Mr. S. Muthu
                                         Krishanan, Advs. for R-2to 4

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks directions thereby for

quashing of FIR No. 47/2012 dated 18.02.2012, registered at Police Station

Jahangir Puri and all other proceedings emanating therefrom. The petitioner

further seeks directions thereby, to compound the offence under section 279

of IPC with regard to petitioner who is the accused in CC no. 18/2 of 2012

before the Ld. Metropolitan Magistrate, Rohini Court, Delhi considering the

settlement arrived at between the petitioner and complainant.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the

respondent no.2 to 4.

4. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

5. The present petition is filed on the ground that the Ld. Trial court has

compounded the offence under Section 338 of IPC vide order dated

13.05.2016 passed by Ld. MM (N), Rohini Court, Delhi.

6. The complainant and the injured persons are the chief witnesses of the

prosecution and have already received compensation from the petitioner and

compounded the major offence disclosed in the charge sheet. Hence, the

trial is not proceeding against the petitioner from the last several date of

hearing and the FIR may be quashed.

7. Learned counsel appearing on behalf of respondent nos.2 to 4 submits

that and except the respondent no.4 all the aforesaid respondents are

personally present in court and submit that they have settled the dispute

with the petitioner and do not wish to pursue the case against the petitioner

8. Counsel for the respondent nos.2 to 4 submits that though Ms. Neha is

not present today, however, she made application before the Ld. MM that

the matter has been compounded and to this effect she has filed the affidavit

which is on record.

9. Keeping in view the settlement arrived between the petitioner and

respondent nos. 2 to 5, I hereby quash the FIR No. 47/2012 dated

18.02.2012, registered at Police Statiion Jahangir Puri and all other

proceedings emanating therefrom.

10. The petition is allowed accordingly.

11. Order dasti

(SURESH KUMAR KAIT) JUDGE DECEMBER 18, 2019 ms