Harpal Singh @ Bodi & Anr v. State & Anr

O R D E R %

14.11.2017

¶1By way of this writ petition filed under Article 226 and 227 of the Constitution of India read with Section 482 Cr.P.C., petitioners are seeking quashing of case FIR No.0507/16 under Sections 354-B/509 IPC registered at PS Neb Sarai and the proceedings emanating therefrom on the ground of settlement.

¶2Briefly stating the facts of the present case, the FIR No.507/2016 has been registered on the complaint of the complainant that she had purchased the plot bearing House No.1554, Gali No.9, Church Colony, L-1st Block, Sangam Vihar, New Delhi from the petitioner Bodi and paid him Rs.5,20,000/- towards this deal, but even after full and final payment, the documents of the said property have not been given to her. On 14th June, W.P.(CRL) 3514/2016 2016 the petitioner along with one Sanju came to her house and asked to vacate the house. She was abused, threatened, beaten and her clothes were torn.

¶3Learned counsel for the petitioners submit that the petitioners and respondent No.2/complainant have amicably settled the dispute with each other without any undue influence or coercion and entered into compromise deed dated 10th November, 2017 which is placed on record.

¶4Respondent No.2/complainant is present in person and submits that she has settled the matter with the Petitioners and has no objection if the FIR in question is quashed qua the Petitioners.

¶5The FIR registered against the present Petitioners is for committing the offences punishable under Sections 354-B/509 IPC. Offence punishable under Section 354-B IPC is a non-compoundable offence.

¶6In view of the legal position laid down in Gian Singh v State of Punjab & Anr. 2012 (9) SCALE 257 and amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioners, which will only be an exercise in futile and wastage of precious time of the Court.

¶7Accordingly, in terms of the compromise deed, case FIR No.0507/16 under Sections 354-B/509 IPC registered at PS Neb Sarai and consequential proceedings arising therefrom are hereby quashed. Order dasti.

PRATIBHA RANI, J. NOVEMBER 14, 2017 'hkaur'

W.P.(CRL) 3514/2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3514/2016 HARPAL SINGH @ BODI & ANR ..... Petitioners Through: Mr.Avijit Singh, Advocate with Petitioners in person versus STATE & ANR. ..... Respondents Through: Ms.Purnima Malik, Advocate for Mr.Avi Singh, ASC for the State with SI Ranbir Singh PS Neb Sarai Respondent Nos.2 in person CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI