CRL.M.C./146/2012 of JAYEM WARESHOUSING PVT LTD & ANR Vs STATE

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 146/2012

% Judgment delivered on: 13[th] January, 2012

JAYEM WARESHOUSING PVT LTD & ANR ..... Petitioner

Through : Mr.Sanjay Abbot & Mr. Ankit Aggarwal, Advs. for petitioner no. 1 Mr. Rakesh Mukhija and Mr. Rajesh Kr. Singh, Advs. for petitioner no. 2.

versus

STATE

..... Respondent

Through: Ms.Rajdipa Behura, APP for State.

SI Rajesh, PS-Vasant Kunj (South).

CORAM:HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. 543/2012

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

+ Crl. M.C. 146/2012

1. Notice issued.

2. Ld. APP accepts notice on behalf of respondent.

3. The instant petition has been filed jointly by petitioner no. 1 / complainant and petitioner no. 2 / accused. complainant and petitioner no. 2 / accused.

4. Ld. Counsel for petitioners have jointly submitted that vide FIR

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no. 146 dated 31.05.2010 case under Section 403/408/420/468/471/ 120B Indian Penal Code, 1860 was registered against petitioner no. 2 on the complaint of petitioner no. 1 at PS-Vasant Kunj (South).

5. It is further submitted that petitioner no. 1 is no more interested to pursue the case. Therefore, instant FIR may be quashed.

6. AR of petitioner no. 1 is personally present with his Counsels. Ld. Counsels for petitioner no. 1 on instruction submits that petitioner no. 1 has settled all the disputes qua the aforesaid FIR against petitioner no. 2, therefore, if the instant FIR is quashed, he has no objection.

7. As per the settlement, petitioner no. 2 has paid Rs.4 Lacs to petitioner no. 1 by way of demand draft no. 285899 dated 20.10.2011 drawn on Vijaya Bank in the court, which he accepted without any protest.

8. Ld. APP on the other submits that chargesheet is ready and it could be filed at any stage. She further submits that Section 468/471 Indian Penal Code, 1860 are non compoundable. She further referred the decision of Hon’ble Supreme Court in Gian Singh v. 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 v. State & Ors. (2008) 16 SCC 1 to the larger Bench for re-consideration whether the abovesaid three decisions were decided correctly or not. Therefore, she has prayed that till the matter is decided by the larger Bench of the Apex Court, instant petition may be

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adjourned sine-die. Alternatively, she prayed that in the event, the FIR is quashed, heavy costs should be imposed upon the petitioner no. 2, as the government machinery has been pressed into and precious time of the Court has been consumed.

9. The Division Bench of Mumbai High Court in Nari Motiram Hira v. Avinash Balkrishnan & Anr. in Crl.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).

10. Recently, the Supreme Court has observed in Shiji @ Pappu & Ors. v. Radhika & Anr in Crl.Appeal No.2064/2011 decided on 14.11.2011 that the cases of non-compoundable nature can be compounded, certainly not after the conviction.

11. 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 decision hold the field and are the binding precedents.

12. Keeping in view the statement of AR of petitioner no. 1, I quash FIR No. 146/2010 registered at PS-Vasant Kunj (South).

13. However, I found force in the submission of ld. APP and direct petitioner no. 2 to pay some amount for the welfare purposes. Ld. Counsel for respondent no. 2 on instruction has come forward and submitted that petitioner no. 2 is willing to contribute Rs.1,00,000/- for some welfare purposes. I appreciate this gesture. Therefore, I direct petitioner no. 2 to pay the aforesaid amount of Rs.1,00,000/- in favour of “Welfare Fund for Children and Destitute Women, Nirmal

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Chahaya, Jail Road, Tihar, New Delhi” within two weeks from today.

Proof of the same shall be placed on record.

14. Superintendent, Nirmal Chahhaya is further directed to keep this amount in FDR initially for period of 2 years and get it renewed periodically. Interest accrued thereon shall be utilized for the well being of the children and destitute women.

15. Crl.M.C.146/2012 is allowed on the above terms.

16. Since the main petition is allowed, Crl. M.A.542/2012 (Stay) become infructuous and disposed of as such.

17. Dasti.

SURESH KAIT, J

JANUARY 13, 2012

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