Vishnu Kumar Yadav vs State (Gnct Delhi) & Anr
2019 Latest Caselaw 6055 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 27.11.2019

+      CRL.M.C. 6049/2019
       VISHNU KUMAR YADAV                                    ..... Petitioner
                          Through      Mr. R A Sharma, Adv. with petitioner
                                       in person

                          versus

       STATE (GNCT DELHI) & ANR                 ..... Respondents
                     Through  Mr. Panna Lal Sharma, APP for State
                              Insp. Jitender Kumar , SHO &
                              SI Sanjay Kumar, PS NDRS
                              Mr. Neeraj Lamba, R-2/complainant

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. By way of the instant petition, the petitioner seeks directions thereby

quashing of FIR NO.244/2009 Registered at P.S. NDRS for the offence

punishable under Section 363 IPC on the ground that settlement has been

arrived at between the petitioner and the respondent no.2.

2. The case of the prosecution is that on 15.07.2019, SI Satbir Singh,

GRP Ambala, HC Vinod Kumar No.45/GRP, Ct. Suleman and RIC/ RPF

Bhudev New Delhi RPF Post came to NDRS and one case 042 FIR, GRPF

Ambala was registered and accused Visnu Kumar S/o Rajeshwar Singh

Yadav R/o VPO Awthai, PS Aadar Pole, District Gazipur, U.P. produced to

SHO and the SHO directed to convert regular FIR and investigation was

assigned to the IO. The content of Zero FIR No. 042/09 under Section 363

IPC was registered on the basis of the complaint made by complainant

Neeraj Lamba, who was travelling with his family in Coach No.S-5 Seat No.

53 to 58 (6G) from New Delhi to Amritsar vide PNR No. 2261870953.

When the train started for New Delhi, one gentlemen in his strong physique

picked up complainant's child, namely Ajay, who was 2 ½ years old at the

relevant time, in his lap and ran away with the child but fortunately they

could catch hold of him and handover him over to the RPF persons who

were on duty escort in the train.

3. It has now been pleaded by the petitioner by way of the present

petition that since he has arrived at an amicable settlement with the

complainant/ respondent no.2 vide compromise deed executed on 25.9.2019,

the aforementioned FIR and all consequent proceedings emanating

therefrom may be quashed.

4. Learned APP has vehemently opposed the present petition by

submitting that the offence committed by the petitioner-accused is serious in

nature as he is a child kidnapper and he should face trial and the petition be

not allowed.

5. Keeping in view the serious allegations against the petitioner, I am of

the considered view that the petitioner does not deserve any leniency and

this type of case should not be quashed.

6. Accordingly, the present petition is dismissed.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 27, 2019 sm