Full Judgment Text
$-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 27/2012
th
% Judgment delivered on: 5 January, 2012
YASH GUPTA ..... Petitioner
Through : Mr.Siddharth Luthra, Sr. Adv.
With Mr. Ajay Bhargava, Mr. Rajat Navet
and Mr. Rajiv Bhatnagar, Advs.
Versus.
STATE & ORS ..... Respondent
Through : Mr.Navin Sharma, APP for State.
SI Arun Kumar, PS-EOW.
Mr.Rajinder Singh and Ms.Priyamvada
Shenoy, Advs. for respondent no. 2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A. 89/12
Exemption is allowed subject to just exceptions.
Criminal M.A. stands disposed of.
+ Crl. M.C. 27/2012
1. Notice issued.
2. Ld. APP accepts notice on behalf of the State.
3. Mr. Rajinder Singh, Adv. accepts notice on behalf of respondent
no.2.
Crl.M.C.27/2012 Page 1 of 5
4. Ld. Counsel for the petitioner submits that vide FIR no.142
dated 04.08.2011 case under Section 406/420/471 Indian Penal Code,
1860 was registered against the petitioner on the complaint of
respondent no. 2 at PS-EOW.
5. Ld. Counsel for the petitioner and respondent no. 2 have jointly
stated that vide settlement agreement dated 22.12.2011, parties have
amicably resolved all the disputes qua the aforesaid FIR and
respondent no. 2 is no more interested to pursue the case. Therefore, if
the instant FIR is quashed he has no objection.
6. Respondent no. 2 has filed resolution dated 14.01.2011, whereby
Mr. Saurabh Narain has been authorized to take all steps for settling
any proceedings filed by or against Virtuous Retail Limited with
respect to Sugam Vanijya Holdings Private Limited by taking all steps
including executing any consent terms and / or withdrawing any
petition, application, suit, appeal or such other legal, local or judicial
proceedings that may been filed. I note Mr. Saurabh Narain has also
filed his affidavit to the effect that respondent no. 2 and petitioner have
entered into settlement and executed a settlement agreement dated
22.12.2011.
7. Ld. APP on the other hand submits that the instant case is
pending for investigation and challan has not been filed.
8. Ld. APP further submits that Section 406 and 471 of Indian
Penal Code, 1860 are not compoundable and relied upon 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
Crl.M.C.27/2012 Page 2 of 5
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,
he has prayed that till the matter is decided by the larger Bench of the
Apex Court, instant petition may be adjourned sine-die. Alternatively,
he prayed that in the event, the FIR is quashed, heavy costs should be
imposed upon the petitioner, as the government machinery has been
pressed 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 03.02.2011 has permitted for compounding of the offences of ‘ non-
compoundable ’ category as per Section 320 Cr. P.C. even after
discussing Gian Singh (supra) .
10. 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.
11. Mr. Siddharth Luthra, ld. Sr. Counsel on instruction from
Petitioner has come forward and wishes to donate Rs.10 Lacs for
welfare purposes. I appreciate the gesture of the petitioner.
12. Accordingly, keeping the settlement dated 22.12.2011 and the
statement of respondent no. 2 into view and in the interest of justice
FIR no. 142/2011 of PS-EOW is quashed.
Crl.M.C.27/2012 Page 3 of 5
13. The petitioner is directed to pay Rs.1 Lac each in favour of the
following:
i. Govt. Lady Noyee School for Deaf, Delhi Gate behind
Ferozashah Stadium.
ii. Sr. Secondary School for Blind Boys, Sewa Kutir,
B.B.M. Depot Road, Kingsway Camp, Delhi.
iii. School and Home for Mentally retarded Children,
Avantika, Rohini, Sector I, Delhi.
iv. Nursery Primary School for Deaf, B Block, Kalkaji.
v. Nursery Primary School for Mentally Retarted, Mayur
Vihar, Delhi.
vi. Middle School for Deaf, Sector 4, Rohini, Delhi.
vii. Welfare Fund for Destitute Women and Children, Nirmal
Chaya, Jail Road, Tihar, New Delhi.
viii. Orphanage home, Alipur, Delhi.
14. All the concerned aforementioned are directed to keep this
amount in the form of FDR, initially for a period of two years with any
nationalised bank and interest accrued thereon shall be utilised for the
welfare purposes of the needy children/women.
15. Petitioner is further directed to deposit an amount of Rs.2 Lacs
in favour of “Bar Council of Delhi Indigent & Disabled Lawyers
Account” .
16. The aforesaid amount of Rs.10 Lacs shall be paid within two
weeks from today and proof of the same shall be placed on record.
Crl.M.C.27/2012 Page 4 of 5
17. Crl. M.C. 27/2012 is allowed on the above terms.
18. Since main petition is allowed, Crl. M.A.88/2012 (Stay) become
infructuous and disposed of as such.
19. Dasti.
SURESH KAIT, J
JANUARY 05, 2012
jg
Crl.M.C.27/2012 Page 5 of 5