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#7 HIGH COURT OF DELHI
Date of Decision: 09.05.2016
INDRAPRASTHA GAS LIMITED & ORS ..... Petitioners
Through Mr. S.K. Pandey, Advocate
Through Mr. Avi Singh, ASC (Crl.)
SI Sunny Kumar and HC Baljit Singh, PS Rani Bagh
Respondent no. 2 in-person
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A. No. 6948/2016 (Exemption)
JUDGMENT
1. Exemptions allowed subject to all just exceptions.
2. The application is disposed of accordingly. W.P.(CRL.) 1324/2016
1. The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 601/2014, under Sections 285/336/427 IPC registered at Police Station- Rani Bagh, Delhi and the proceedings emanating therefrom. 2016:DHC:3703-DB
2. The subject FIR came to be registered on a complaint filed by Mr. Anil Tirthani, respondent no. 2 herein, alleging that there was a gas leakage in his house which resulted in an explosion and damaged the gas stove.
3. Counsel for the petitioners as well the respondent No.2/complainant (who is present in Court in person today) state that the dispute that led to the registration of the subject FIR has been amicably settled by and between the parties by way of a Compromise Deed dated 9th March, 2016. The salient terms and conditions as enshrined in the said Compromise Deed are as follows:-
4. Learned counsel appearing on behalf of the petitioners states that in pursuance to the said compromise deed dated 9th March, 2016, a sum of Rs. 40,000/- has already been paid to the respondent no.2/complainant herein. The balance sum of Rs. 15,000/- has been handed over to the respondent NO. 2/complainant in Court today. The latter acknowledges receipt thereof.
5. Mr. Anil Tirthani, the respondent no.2/complainant in the subject FIR, who is present in person in Court today and has been identified by the Investigating Officer namely SI Sunny Kumar, Police Station- Rani Bagh, Delhi, states that in view of the amicable resolution of the dispute as aforestated, he is no longer keen to proceed with the subject FIR and the proceedings emanating therefrom.
6. In the present case, it is observed that the offences in the subject FIR do not fall within the exempted categories of serious/heinous offences which ought not to be quashed on the ground of an amicable resolution of the disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012) 10 SCC 303]. The offences alleged to have been committed in the subject FIR are private in nature and do not have a serious impact on society.
7. In view of the foregoing, since the dispute that led to the registration of the subject FIR, has been settled between the parties amicably by way of a compromise deed dated 9th March, 2016, without any undue influence, pressure or coercion; and the settlement between the parties is lawful, no useful purpose will be served by proceeding with the subject FIR and the proceedings arising therefrom.
8. Resultantly, FIR No. 601/2014, under Sections 285/336/427 IPC registered at Police Station- Rani Bagh, Delhi and the proceedings emanating therefrom are hereby set aside and quashed qua the petitioners subject to their depositing a sum of Rs. 10,000/- (in aggregate) with the Victims’ Compensation Fund within a period of four weeks from today. The copy of the receipt thereof be provided to the IO in the subject FIR.
9. With the above directions, the present writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J MAY 09, 2016 sd