Shri Surender Kumar and Another vs State and Another

Gita Mittal, J.—The present petition has been filed by the petitioners who have been arrayed as accused persons in the case arising out of FIR No. 376/2008 registered by the police station Najafgarh under Sections 452/323/506/354/34 of the Indian Penal Code. On completion of investigation, it is stated that charge-sheet was filed and the case is pending in the court of Shri N.K. Laka, Metropolitan Magistrate, Dwarka Courts, Delhi.

The petitioners who are present in court are identified by counsel as well as by ASI Balwant from the police station Najafgarh. The petitioners submit that they dispute that the incident occurred in the manner alleged and they sincerely regret whatsoever transpired. It is further submitted that they have apologized to the complainant and her husband before the Panchayat in the village on 5th December, 2008 when both parties in the presence of elders decided to bury the animosity between them and to co-exist in a spirit of amity and goodwill. The petitioners further submit that the compromise between them was reduced to writing in the presence of witnesses which has been placed on record at page 25. They submit that they shall ensure that no incident shall occur in future and have ensured that they shall not harass the complainant or their family in any manner at all.

The petitioners have contended that the complainant was residing in their immediate neighborhood and the incident occurred on account of a sudden misunderstanding without any kind of premeditation and provocation. It is submitted that both the petitioners are young persons aged about 28 and 30 years and in case the prosecution was continued and they were convicted, their life as well as the lives of their family would be completely ruined.

Learned Counsel for the petitioners has vehemently urged that the petitioner No. 1 has also cleared examination for employment with the DTC and that his employment shall be completely ruined if the prayer made by the parties for acceptance of the settlement is not accepted. The petitioners have further submitted that they are willing to compensate the complainant for any harassment she may have felt and the investigating agency towards the efforts which have been put in on account of the investigation which has been necessitated.

Ms. Fizani Husain, learned APP for the State has pointed out that the petitioners are implicated in other cases as well. So far as the petitioner No. 1 is concerned, apart from the case in hand, it has been stated by counsel representing him that he stands acquitted in the only other case which was registered as back as in the year 2004.

The petitioner No. 2 has contended that on account of harassment suffered from false implication in the several cases by police station Anand Parbat and adjacent areas between the years 1998 to 2002, he shifted to Najafgarh. The present case is the only case in which he has been implicated thereafter. It is, however, stated that since the assurance has been tendered before the court that the petitioners are law abiding citizens and shall peacefully exist at their addresses, the criminal proceedings initiated against the petitioners may be quashed.

The complainant Smt. Vijanta Devi is present. Ms. Fizani Husain, learned APP for the State has verified her voter identity card which has been produced in court. She submits that it is a matter of fact that these petitioners have tendered an apology before the Panchayat which was in the village. She further submits that since 2nd July, 2008 she has shifted from the place where the incident had occurred. A prayer is made by her that having regard to the fact that she has a young family to nurture and the apologies tendered by the petitioners before the Panchayat as well as in court today, she is not interested in further prosecution of the complaint which was lodged by her. She prays that a quietus be brought to the dispute so that animosity between the parties is brought to an end.

On a consideration of the submissions made on behalf of the petitioners and by the complainant who is present in court, it would appear to be in the interest of justice if the regret expressed by the petitioners and their assurance made in court are accepted. The statements made by the petitioners are accordingly accepted and they shall remain bound by the same. However, having regard to the fact that the complainant and the family have been put to inconvenience, interest of justice merits that she be compensated by the petitioners. Furthermore, the police has put in substantial efforts in investigation of the case and has even filed the challan. I am informed that the Delhi Police Welfare Society is looking after the welfare and the interest of the police.

It is therefore directed that, subject to the petitioners paying an amount of Rs. 15,000/- each which shall be apportioned equally between the complainant and the Delhi Police Welfare Society and paid/deposited within a period of one week from today, all proceedings arising out of FIR No. 376/2008 under Sections 452/323/506/354/34 of the Indian Penal Code registered at P.S. Najafgarh shall stand quashed.

Proof of payment to the complainant and deposit with the Delhi Police Welfare Society shall be placed before this Court. Upon failure of the petitioners to do so, further prosecution in the case shall continue.

It is made clear that this order shall not be considered as an order of conviction or sentence against the petitioners for any purpose including in all matters relating to employment.

Dasti.