Delhi High Court
Kudeep Nandrajog @ Ors. vs State & Anr. on 13 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 13, 2015
+ CRL.M.C. 101/2015 & Crl.M.A.457/2015
KUDEEP NANDRAJOG & ORS ..... Petitioners
Through: Mr. Manish Sharma and Mr.
Abhishek Varma, Advocates
versus
STATE & ANR .....Respondents
Through: Ms. Nishi Jain, Additional Public
Prosecutor for respondent-State
with SI Mukesh
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.590/2014, under Sections 404/406/420/426/
447/385/506/120-B of IPC registered at police station Anand Vihar,
Delhi is sought on the basis of Memorandum of Understanding of 9th
December, 2014 (Annexure-F) and on the ground that the
misunderstanding which led to registration of the FIR now stands cleared
between the parties.
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 he
has been identified to be so by SI Mukesh on the basis of identity proof
CRL.M.C. 101/2015 Page 1
produced by him.
Learned counsel for petitioners, on instructions, undertakes that the
FIR No.1034/2014 under Sections 420/467/468/471 of IPC registered at
P.S. Noida Sector-58, which is pending at Noida, would be got closed or
quashed.
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid
Memorandum of Understanding and the terms thereof have been fully
acted upon and that the misunderstanding, which led to the incident in
question, now stands cleared between the parties. Respondent No.2
affirms the contents of aforesaid Memorandum of Understanding and of
his affidavit of 13th 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:-
"61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings."
In the facts and circumstances of this case and in view of aforesaid
CRL.M.C. 101/2015 Page 2
Memorandum of Understanding and affidavit of respondent No.2, I find
that continuance of proceedings arising out of the FIR in question would
be an exercise in futility as the misunderstanding, which led to
registration of the FIR, now stands cleared between the parties.
Accordingly, this petition is allowed subject to consolidated cost of
`50,000/- to be deposited by petitioners with Prime Minister‟s Relief
Fund within two weeks from today. Upon placing on record the receipt of
cost, FIR No.590/2014, under Sections 404/406/420/426/447/385/
506/120-B of IPC registered at police station Anand Vihar, Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioners.
Needless to say, petitioners shall abide by the undertaking given on
behalf of petitioners today in the Court.
This petition and the application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 13, 2015
s
CRL.M.C. 101/2015 Page 3
