Delhi High Court - Orders
Sh. Kaptan Singh & Anr vs The State ( Nct Of Delhi) & Anr on 14 December, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2478/2021
SH. KAPTAN SINGH & ANR. ..... Petitioners
Through: Mr.Suraj Prakash Sharma, Advocate
with petitioners in person.
versus
THE STATE ( NCT OF DELHI) & ANR. ..... Respondents
Through: Mr.R.S.Kundu, ASC for State with
HC Vikas Police Station Alipur
Mr.Shivam Midha (D-7383/2019),
Advocate for R-2
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 14.12.2021 Crl.M.A. No.19989/2021 Exemption allowed, subject to just exceptions.
W.P.(Crl.) No. 2478/2021The petitioners vide the present petition seek the quashing of the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860, submitting to the effect that a settlement has since been arrived at between the petitioners and the respondent No.2 vide a Memorandum of Understanding dated 22.11.2021 and thus no useful purpose would be served by the continuation of the proceedings qua the FIR in question.
The Investigating Officer of the case is present and has identified the petitioner Nos. 1 and 2, namely Kaptan Singh and Harsh Singh, present in the Court today as being the two accused arrayed in the FIR and he has also Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
identified the respondent no.2, present in the Court today, as being the complainant thereof. The Investigating Officer further stated that the charge sheet in the matter has not yet been filed and there is no investigation pending and there is no other alleged commission of offences other than the offences punishable under Sections 327/427/379/34 of the Indian Penal Code, 1860 alleged to have been committed against the petitioner as brought forth through the investigation.
The respondent No.2 in his deposition on oath in replies to specific Court queries affirms having signed the affidavit dated 8.12.2021 submitting his no objection to the prayer made by the petitioner Nos. 1 and 2 seeking quashing of the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860, and the Memorandum of Understanding dated 22.11.2021 executed between him and the petitioners voluntarily of his own accord without any duress, pressure or coercion from any quarter. The respondent No.2 further states that in as much as the petitioners have since apologized to him, and that he has received back his mobile as well as the sum of Rs.8320/- from the petitioners, he does not oppose the prayer made by the petitioners seeking the quashing of the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860 nor does he want the petitioners to be punished in relation thereto.
On behalf of the State the learned Additional Standing counsel for the State, in view of the settlement arrived at between the parties does not oppose the prayer made by the petitioners seeking the quashing of the FIR in question.
The respondent No.2 has stated further in replies to specific Court Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
queries that he has studied till standard X and is a driver by profession and has understood the implications of the statement made by him and that he does not need to think again. Taking into account the factum that the respondent No.2 has stated that the petitioners have since apologized to him and have returned his mobile phone and the sum of Rs.8320/- and taking into account also the factum that the offences punishable under Section 427/379/34 of the Indian Penal Code, 1860 are compoundable in terms of Section 320 of the Cr.P.C., 1973, and the alleged commission of the offence punishable under Section 327 of the Indian Penal Code, 1860 is an offshoot thereof, in view of the settlement arrived at between the parties for maintenance of peace and harmony, it is considered appropriate to put a quietus to the litigation between them qua the FIR in question, the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860, and all other proceedings emanating therefrom are quashed against the petitioners No. 1 and 2 Kaptan Singh and Harsh Singh, subject to deposit of Rs.20,000/- by the petitioner to be deposited with the Delhi High Court Legal Services Committee within a period of two weeks from today and in the event of said amount not being deposited, the same shall be recovered as Revenue.
The petition is disposed of.
ANU MALHOTRA, J DECEMBER 14, 2021/sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 35 CRL.M.C. 2478/2021 SH. KAPTAN SINGH & ANR. Vs. THE STATE ( NCT OF DELHI) & ANR 14.12.2021 CW-1 HC VIKAS Police Station ALIPUR I am the Investigating Officer of FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860. I identify the petitioner Nos. 1 and 2, namely Kaptan Singh and Harsh Singh, present in the Court today as being the two accused arrayed in the FIR. I identify the respondent no.2, present in the Court today, as being the complainant thereof. The charge sheet in the matter has not yet been filed. There is no investigation pending and there is no other alleged commission of offences other than the offences punishable under Sections 327/427/379/34 of the Indian Penal Code, 1860.
ANU MALHOTRA, J RO & AC 14.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI AT NEW DELHI 35 CRL.M.C. 2478/2021 SH. KAPTAN SINGH & ANR. Vs. THE STATE ( NCT OF DELHI) & ANR 14.12.2021 CW-2 PAWAN KUMAR S/O SH. BALJEET SINGH, R/O VILLAGE GORAKHPUR TEH, DISTT. FATIAYABAD, BHUNA, HARYANA AGED 25 YEARS.
On S.A. My affidavit dated 8.12.2021 filed to the effect that I have no objection to the prayer made by the petitioner Nos. 1 and 2 seeking quashing of the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860, and the Memorandum of Understanding dated 22.11.2021 executed between me and the petitioners bear my signatures thereon which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. The petitioners have since apologized to me and I thus do not oppose the prayer made by the petitioners seeking the quashing of the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860.
Court Question:
Q. Have you received back your mobile and the sum of Rs.8320/- as mentioned in the FIR No. 831/2021 Police Station Alipur, under Sections 327/427/379/34 of the Indian Penal Code, 1860? Ans. Yes I have received my mobile and the cash of Rs.8320/- from the petitioners.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.
I have studied till standard X and I am a driver by profession. I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
ANU MALHOTRA, J RO & AC 14.12.2021 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.12.2021 11:30:21 This file is digitally signed by PS to HMJ ANU MALHOTRA.