FIR quashed as accused is exonerated in departmental proceedings

Ajit Kumar Vs State NCT of Delhi And Anr. (Delhi High Court)

Delhi High Court held that since petitioner has been exonerated in departmental proceedings, the criminal prosecution premised on the same set of allegations cannot be permitted to continue. Accordingly, FIR quashed.

Facts- The present petition has been filed seeking quashing of FIR u/s. 392/411/34 IPC registered at PS Kotwali. The case of the prosecution is that the aforesaid FIR was registered on the statement of Sh. Pramod Kumar Yadav S/o Sh. Biru Yadav R/o Shashtri Park, Delhi alleging therein that accused Pramod Kumar S/o Dinesh Chand alongwith his associates snatched five packets containing manik stones from him. The complainant apprehended one accused i.e. Pramod Kumar on the spot alongwith one packet of manik stones but his associates ran away from the spot with four packets.

During investigation, one of the accused Gopal disclosed that he gave two packets of manik stone to the petitioner who was posted as Beat Constable at PS Kotwali through Inderjeet Singh. Later-on, one Sh. Rishi Verma S/o Sh. Rajender Verma R/o Ansari Road, Darya Ganj, Delhi came to the police station on 06.07.2012 and handed over one packet with manik stone weighing 149 gms. He stated that the petitioner gave the said packet to him about 10-12 days ago and asked him to keep it with the assurance that he would collect the same within 2-3 hours but he had not collected it. This led to the registration of aforesaid FIR.