Delhi High Court
Giriraj Singh vs State (Govt. Of Nct Of Delhi) & Anr. on 9 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 09, 2015
+ CRL.M.C. 46/2015
GIRIRAJ SINGH ..... Petitioner
Through: Mr. Vimal Puggal, Advocate
versus
STATE (GOVT OF NCT OF DELHI) & ANR .....Respondents
Through: Ms. Nishi Jain, Additional Public
Prosecutor for respondent-State
with Si Jitender Rana
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Crl.M.A.266/2015 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 46/2015
Quashing of FIR No.275/2012, under Section 498-A of IPC
registered at police station Burari, Delhi is sought on the basis of
Mediated Settlement of 7th January, 2013 arrived at Delhi Mediation
Centre, Tis Hazari Courts, Delhi (Annexure P-C).
Notice.
Ms. Nishi Jain, learned Additional Public Prosecutor for
respondent-State accepts notice and submits that respondent No.2, present
in the Court, is complainant/first-informant of the FIR in question and she
CRL.M.C. 46/2015 Page 1
has been identified to be so by SI Jitender Rana on the basis of identity
proof produced by her.
Learned Additional Public Prosecutor for State submits on
instructions that the trial of this FIR case has not yet begun.
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid Mediated
Settlement and terms thereof have been fully acted upon as she has
already received `4.5 lac out of the settled amount of `6.5 lac and today,
she has received the balance settled amount of `2 lac by way of demand
draft bearing No. 361014 of 10th December, 2014 and that divorce by
mutual consent has been already granted by the Family Court, Faridabad
on 13th September, 2013 (Annexure-D). Respondent No.2 affirms the
contents of aforesaid Mediated Settlement and of her affidavit of 8th
December, 2014 supporting this petition and submits that now no dispute
with petitioner survives and so, the proceedings arising out of the FIR in
question be brought to an end.
In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Apex
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-
"Resolution of a dispute by way of a
compromise between two warring groups, therefore,
should attract the immediate and prompt attention of a
court which should endeavour to give full effect to the
same unless such compromise is abhorrent to lawful
composition of the society or would promote savagery.
Where the High Court quashes a criminal
proceeding having regard to the fact that the dispute
between the offender and the victim has been settled
although the offences are not compoundable, it does so
CRL.M.C. 46/2015 Page 2
as in its opinion, continuation of criminal proceedings
will be an exercise in futility and justice in the case
demands that the dispute between the parties is put to
an end and peace is restored; securing the ends of
justice being the ultimate guiding factor."
Since the subject matter of this FIR is essentially matrimonial,
which now stands mutually and amicably settled between parties,
therefore, continuance of proceedings arising out of the FIR in question
would be an exercise in futility.
Accordingly, this petition is allowed and FIR No.275/2012, under
Section 498-A of IPC registered at police station Burari, Delhi and the
proceedings emanating therefrom are quashed qua petitioner.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 09, 2015
s
CRL.M.C. 46/2015 Page 3
