CRL.M.C./3010/2011 of SURESH PAL SINGH & ORS. Vs STATE NCT OF DELHI & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C.No.3010/2011

% Judgment delivered on:23[th] September,2011

SURESH PAL SINGH & ORS. ..... Petitioners Through : Mr.Kundan Kumar, Adv.

versus

STATE NCT OF DELHI & ORS. ..... Respondent

Through : Ms.Ritu Gauba, APP for State with ASI Pradeep Kumar, police station Vijay Vihar in person. Mr.Abhishek Kaushik, Adv for R2 – R6.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

1. Whether the Reporters of local papers may be allowed to see the judgment? No. to see the judgment? No. 2. To be referred to Reporter or not? No.

3. Whether the judgment should be reported

in the Digest? No.

SURESH KAIT, J. (Oral)

1. Issue notice.

2. Ms.Ritu Gauba, learned APP for State/Respondent No.1

and Mr.Abhishek Kaushik, learned counsel for R-2 to R-6

accepts notice.

3. Learned counsel for the petitioners submits that vide

FIR No.387/2009 dated 14.12.2009 case under Section 308/427/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No.2 at police station Vijay Vihar, Delhi.

4. Further submitted that compromise has been taken place with the intervention of the common friends and relatives and members of the locality on 20.07.2011 and the respondent No.2 does not wish to pursue the case against the petitioners.

5. Respondent No.2 is present in person, who has been duly identified by ASI Pradeep Kumar, police station Vijay Vihar. Respondent No.2 submits that he has settled all the issues qua the aforesaid FIR and he does not wish to pursue the case further against the petitioners, therefore, the FIR may be quashed.

6. Ms.Ritu Gauba, learned APP for State submits that in the instant case the FIR has been registered under Section

308 Indian Penal Code, 1860, which is ‘non-compoundable’.

7. Learned APP referred the case of Hon’ble Supreme Court

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in Gian Singh Vs. State of Punjab & Anr. in SLP (Crl.) No.8989/2010 wherein the Division Bench of the Supreme Court has referred three earlier decisions viz, B.S. Joshi V. State of Haryana(2003) 4 SCC 675, Nikhil Merchant v. Central Bureau of Investigation & Anr. (2008) 9 SCC 677 & Manoj Sharma Vs. State & Ors. (2008) 16 SCC 1to the larger Bench for re-consideration whether the abovesaid three decisions were decided correctly or not. Alternatively, she prayed that in the event, the FIR is quashed, heavy costs should be imposed upon the petitioners.

8. The Division Bench of Mumbai High Court in Nari Motiram Hira Vs. Avinash Balkrishnan & Anr. inCrl.W.P.No.995/2010 decided on 03.02.2011has permitted for compounding of the offences of ‘non-compoundable’ category as per Section 320 Cr. P.C. even after discussing Gian Singh (supra).

9. Therefore, I feel that unless and until, the decisions which have been referred above, are set aside or altered, by the larger Bench of the Supreme Court, all the above three

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decision hold the field and are the binding precedents.

10. In the present case also, since I have taken the same view earlier, in the interest of justice, keeping the settlement dated 20.07.2011 into view, FIR No.387/2009 under Section 308/427/34 Indian Penal Code, 1860 registered against the petitioners at police station Vijay Vihar, Delhi and the proceedings, if any, emanating thereto are hereby quashed.

11. I find force in the submissions of learned APP for the State, therefore, while quashing the FIR, I impose costs of ì 50,000/- each upon petitioner No.1, who is running plastic factory; petitioner No.2, who is cable operator and upon petition No.4, who is running flour mill. I defer in imposing any costs upon petitioner Nos.3 & 5 who are workers only in the factory.

12. The aforesaid total costs of ì1.50lacs shall be deposited in favour of the ‘Welfare Fund for Children and Destitute Women’ Nirmal Chaya, Jail Road, Tihar, New Delhi within week from today and proof thereof shall be placed on the record.

13. Accordingly, Criminal M.C.No.3010/2011 stands allowed and disposed of in above terms.

14. Dasti.

SURESH KAIT, J

September 23, 2011 Mk