Delhi High Court
Ashish Virmani & Ors. vs State & 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. 3421/2014
ASHISH VIRMANI & ORS ..... Petitioners
Through: Ms. Francesca Kapur, Advocate
versus
STATE & ANR .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for respondent-
State with SI Rakesh Rana
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.317/2011, under Sections 498-A/406 of IPC
registered at police station Prashant Vihar, Delhi is sought on the basis of
Mediated Settlement of 6th December, 2013 arrived at Delhi High Court
Mediation and Conciliation Centre (Annexure P-1).
Notice.
Mr.Vinod Diwakar, 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
has been identified to be so by SI Rakesh Rana on the basis of identity
proof produced by her.
CRL.M.C. 3421/2014 Page 1
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 `8 lac out of the settled amount of `12 lac and today,
she has received the balance settled amount of `4 lac by way of Cheque
bearing No. 921733 of 9th December, 2014 and that divorce by mutual
consent has been already granted by the family court on 21st July, 2014.
Respondent No.2 affirms the contents of aforesaid Mediated Settlement
and of her affidavit of 15th July, 2014 supporting this petition and submits
that now no dispute with petitioners survives and so, the proceedings
arising out of the FIR in question be brought to an end provided the
cheque in question is encashed.
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
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
CRL.M.C. 3421/2014 Page 2
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.317/2011, under
Sections 498-A/406 of IPC registered at police station Prashant Vihar,
Delhi and the proceedings emanating therefrom are quashed qua
petitioners provided the cheque for the balance settled amount is
encashed.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 09, 2015
s
CRL.M.C. 3421/2014 Page 3
