Delhi High Court
Ram Pal vs State & Anr on 25 August, 2014
Author: Sudershan Kumar Misra
Bench: Sudershan Kumar Misra
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3759/2014
RAM PAL ..... Petitioner
Through Mr. Rizwan Khan Ahmed, Advocate with
Petitioner.
versus
STATE & ANR ..... Respondents
Through Mr. Amit Ahlawat, Additional Public Prosecutor
with ASI Anoop Kumar.
Mr. Tejinder Singh, Advocate with complainant.
CORAM:
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
% SUDERSHAN KUMAR MISRA, J. (Oral)
1. This petition under Section 482 Cr.P.C. has been moved praying that FIR No.207/2012 registered at police station Moti Nagar under Sections 419/420, 468, 471 IPC read with Sections 66C of the Information Technology Act; and all proceedings arising therefrom, be quashed, on the ground that the matter has been settled with the complainant.
2. Issue notice.
3. Mr. Amit Ahlawat, Additional Public Prosecutor for the State, and Mr. Tejinder Singh, Advocate for the second respondent / complainant, accept notice.
4. The Investigating Officer, ASI Anoop Kumar, identifies the complainant as well as the petitioner in Court today.
5. Counsel for the petitioner submits that the petitioner is a young man aged about 23 years, who is a B.Tech in Electronic and Communication Crl.M.C. No.3759/2014 Page 1 of 3 from Punjab Technical University; and is also working as a Data Recovery Operator at Steller Information Technology Pvt. Ltd. It is also stated that the petitioner belongs to a good family, and his father is a retired J.C.O. from the Indian Army; and his brother is now an Infantry Officer in the Indian Army.
6. It is stated that after the FIR came to be registered, a settlement has been arrived at between the complainant and the petitioner. A Settlement Deed dated 21.07.2014, has also been annexed to this petition, whereby the petitioner has agreed to pay a sum of Rs.2,80,000/-, in all, to the complainant. Out of this amount, a sum of Rs.80,000/- has already been paid to the complainant on 21.07.2014. The remaining amount of Rs.2 lakhs has now been handed over to the complainant by way of a Bankers Check bearing No.339495, dated 18.08.2014, drawn on State Bank of India.
7. The second respondent / complainant states that looking to the overall circumstances, he does not wish to pursue these proceedings any further and the same be quashed.
8. The petitioner has also remained in judicial custody for three months. Further, counsel for the petitioner, on instructions, states that the petitioner is willing to pay any further amount towards compensation and costs as this Court may direct.
9. The attention of this Court is also drawn to the decision of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, where it is, inter alia, held that proceedings in non compoundable offences may be quashed under certain circumstances enumerated therein and provided the court is satisfied of the need to do so.
10. Counsel for the State submits that looking to the circumstances, and since the accused / petitioner has already compensated the complainant Crl.M.C. No.3759/2014 Page 2 of 3 adequately; and since the complainant is also no longer interested in supporting the prosecution, the chances of success of prosecution are diminished; therefore, no useful purpose will be served in continuing with the present proceedings.
10. Under the circumstances, I consider it appropriate to give a quietus to the matter, subject, of course, to the petitioner depositing a sum of Rs.50,000/- with the Indigent and Disabled Lawyers Fund of Bar Council of Delhi within two weeks from today. Proof of deposit shall be filed in the Registry of this Court within two days thereafter, with a copy to the Investigating Officer.
11. Consequently, the petition is allowed, and FIR No.207/2012 registered at police station Moti Nagar under Sections 419/420, 468, 471 IPC read with Sections 66C of the Information Technology Act; and all proceedings arising therefrom, are hereby quashed.
12. The petition is disposed off.
13. Dasti.
SUDERSHAN KUMAR MISRA Judge AUGUST 25, 2014 dr Crl.M.C. No.3759/2014 Page 3 of 3