CRL.M.C./3473/2011 of SURENDER BHASIN & ANR Vs STATE OF NCT OF DELHI & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C.No.3473/2011

% Judgment delivered on:19[th] October, 2011

SURENDER BHASIN & ANR ..... Petitioners Through : Mr. S.K. Jain, Adv.

versus

STATE OF NCT OF DELHI & ANR

..... Respondents

Through : Ms. Ritu Gauba, APP for the State/R-1 with SI Karambir Singh Mr. Rais Farooqui, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

1. Whether the Reporters of local papers

may be allowed to see the judgment? NO 2. To be referred to Reporter or not? NO

3. Whether the judgment should be reported NO in the Digest? in the Digest?

SURESH KAIT, J. (Oral)

CRL. M.A. 12340/2011 (Exemption)

Allowed subject to all just exceptions.

CRL.M.C. 3473/2011

1. Notice issued.

2. Ms.Ritu Gauba, learned APP accepts notice on behalf of

State/Respondent No.1.

3. Mr.Rais Farooqui, Adv. accepts notice for respondent

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4. Ld. Counsel for the petitioner submits that vide FIR No.662 dated 16.09.2011 case under Section 448/380 was registered against the petitioners at PS Shakarpur, Delhi. Further submits that thereafter the matter has been settled between the parties vide settlement dated 19.09.2011. As per the aforesaid settlement, Rs.3 lakhs has already been paid to respondent No.2. In these circumstances, it is prayed that the FIR in the present case may be quashed.

5 Respondent No.2 Mr.Ramakant Pandey is personally present with his counsel Mr. Rais Farooqui, who has identified respondent No.2. In addition, SI Karambir Singh has also identified him as Mr. Ramakant Pandey.

6. On instructions, ld. Counsel for respondent No. 2 submits that as per the aforesaid settlement dated 19.09.2011, the entire amount has been received by respondent No.2. Therefore, he does not want to pursue the case further against the petitioners. He has no objection if the FIR in the present case and the proceedings emanating therefrom are quashed.

7. Ld. APP submits that the case is pending for

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investigation and the charge-sheet is yet to be filed. Further submits, that in case this Court is inclined to quash the FIR, heavy costs should be imposed on the petitioners.

8. Learned APP for State has referred the case of Hon’ble Supreme Court 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 and Anr. (2008) 9 SCC 677 and Manoj Sharma Vs, State & Ors.

(2008) 16 SCC 1 to the larger Bench for re-consideration whether the abovesaid three decisions were decided correctly or not. She further states that till the decision of the larger Bench, the FIR in the present case may not be quashed.

9. I find force in the submission of the ld. APP. However, I have already taken my view in the earlier cases, therefore, on the basis of the view taken by the Division Bench of Mumbai High Court in Nari Motiram Hira Vs. Avinash Balkrishnan & Anr. in Crl.W.P.No.995/2010 decided on 03.02.2011 whereby the Division Bench of Mumbai High

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Court has permitted for compounding of the offences under Section 452/324 of Indian Penal Code which were of ‘non-compoundable’ category as per Section 320 Cr. P.C. Therefore, I fell that unless and until, the decisions which have been referred above, are set aside or altered, the same decisions are the precedent and binding effect.

10. Ld. Counsel for the petitioner, on instructions from the petitioners, submits that they wish to donate some amount for the welfare purposes.

11. I appreciate the gesture advanced by the petitioners. Accordingly, I direct the petitioners to deposit sum of Rs.50,000/- each in favour of the Principal/Head Master of ‘Aanchal-School for Physically Challenged & Mentally Retarded Children, Kautilya Marg, Chankyapuri, New Delhi within two weeks from today. Proof thereof shall be placed on record.

12. Further I direct the Principal concerned that the said total amount of Rs.1 lakh be deposited in FDR initially for period of three years which shall be renewed periodically thereafter. The amount of interest accrued thereon shall be utilisied for the welfare of the needy physically challenged

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and mentally retarded children.

13. In case there is no such account opened by the Principal of the aforesaid school, I further direct him/her to open the same within 03 days from the receipt of this order. Firstly, this amount shall be deposited in that account and thereafter steps shall be taken directed above.

24. Keeping the aforesaid discussion into view, in the interest of justice, I hereby quash the FIR No.662 dated 16.09.2011 under Section 448/380 registered against the petitioners at PS Shakarpur, Delhi and the criminal proceedings emanating therefrom.

25. In view of above, Criminal M.C.No.3473/2011 is allowed.

28. Dasti.

SURESH KAIT,J

OCTOBER 19, 2011 RS

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