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2000 DIGILAW 1048 (DEL)

SATISH BHATIA v. STATE (NATIONAL CAPITAL TERRITORY OF DELHI)

2000-12-04

B.K.RAMAMOORTHY, USHA MEHRA

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( 1 ) THIS is a joint petition filed by the complainant as well as by the accused party seeking quashing of the FIR No. 220/2000 under Section 406, Indian Penal Code registered at P. S. Keshav Puram, Delhi. Rajinder Prasad Goel, petitioner No. 2 herein had kept his hundred bags of "zeera" in Delhi Cold Storage, Azad Pur, Delhi. The said hundred bags containing Zeera kept in the Delhi Cold Storage were not released by petitioner No. 1. The petitioner No. 1 thereafter sold it to petitioner No. 3. On account of this act of the petitioners 1 and 3, who sold and purchased the stolen property, the complainant, Rajinder Prasad Goel lodged a complaint which was registered at PS. Keshav Puram on 7/06/2000. ( 2 ) SUBSEQUENTLY, at the intervention of respondent No. 4 i. e. , Kirana Committee, Delhi the matter was got settled. It was found out that there was some understanding between the parties. It all happened due to communication gap that the goods were got released by petitioner No. 1. That no breach of trust had been committed either by the petitioner No. 1 or petitioner No. 3. The said misunderstanding got removed at the instance of respondent No. 4. After the the is understanding was removed, the parties decided to get the FIR quashed. Accordingly, the present petition was filed. ( 3 ) IN view of the statement of petitioner No. 2, the complainant Rajinder Prasad Goel and of Sh. Sanjay Bhatia, General Secretary of Kirana Committee, respondent No. 4, it is apparent that the respondent Nos, 1 and 3 acted under mistaken belief. Petitioner Nos. 1 and 3 had no intention to commit breach of trust and it all happened due to lack of communication. Moreover, the parties have settled their disputes amicably at the intervention of Kirana Committee whose members they are. We see no reason why in such a case party should be dragged to litigation before the police as well as before the Court. No useful purpose will be served in dragging such parties to Court particularly when the complainant is not interested to persue his complaint. Allowing such a case to continue would amount to abuse of the process of the Court. To ask such parties to continue with the case even after the settlement would be futile exercise. No useful purpose will be served in dragging such parties to Court particularly when the complainant is not interested to persue his complaint. Allowing such a case to continue would amount to abuse of the process of the Court. To ask such parties to continue with the case even after the settlement would be futile exercise. Even otherwise the offence under Section 406, Indian Penal Code is compoundable as per provisions of Section 320, Criminal Procedure Code Statement of the complainant, Rajinder Prasad Goel as well as of the General Secretary/respondent No. 4 of Kirana Committee have been recorded separately. They have been identified by the SI Sultan Singh Meena. For the reason stated above, we see no reason to decline the prayer made in this petition. Accordingly, we order for the quashing of FIR No. 220/2000 under Section 406, Indian Penal Code registered at Police Station Keshav Puram and the proceedings emanating therefrom. Order accordingly. Parties are left to bear their own cost.