Delhi High Court
Devender Gupta & Ors. vs The State (Govt Of Nct Of Delhi) & ... 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. 56/2015
DEVENDER GUPTA & ORS ..... Petitioners
Through: Mr. Naveen Prakash and Ms. S.
Ghosh, Advocates
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR
..... Respondents
Through: Mr.Navin Sharma, Additional
Public Prosecutor for respondent-
State with Inspector Rishi Pal
Singh and SI Sunny Kumar
Ms. Jasmine Kaur, Mr. Surinder
Singh and Ms. Prachi Gupta,
Advocates with respondent No.2 in
person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Crl.M.A.280/2015 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 56/2015
Quashing of FIR No.185/2010, under Sections 498-A/406 of IPC
registered at police station Rani Bagh, Delhi is sought on the basis of
Settlement whose terms find mention in the joint statement of petitioner-
CRL.M.C. 56/2015 Page 1
husband and respondent-wife of 20th November, 2013 (Annexure P-2)
made before M.M., Mahila Court.
Notice.
Mr. Naveen Sharma, learned Additional Public Prosecutor for
respondent-State accepts notice and Ms.Jasmine Kaur, Advocate, accepts
notice on behalf of respondent No.2.
Learned Additional Public Prosecutor for respondent-State 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 her counsel
as well as by Inspector Rishi Pal 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 Settlement
and terms thereof have been fully acted upon as she has already received
`5.11 lac out of the settled amount of `7 lac and today, she has received
the balance settled amount of `2.11 lac in cash and that divorce by mutual
consent has been already granted by the family court on 22nd August,
2014. Respondent No.2 affirms the contents of aforesaid Settlement and
of her affidavit of 2nd January, 2015 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.
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:-
CRL.M.C. 56/2015 Page 2
"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
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.185/2010, under
Sections 498-A/406 of IPC registered at police station Rani Bagh, Delhi
and the proceedings emanating therefrom are quashed qua petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 09, 2015
s
CRL.M.C. 56/2015 Page 3
