Delhi High Court
Laxmeshwar Jha vs State (Nct Of Delhi) & Anr. on 14 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 14, 2015
+ CRL.M.C. 118/2015 & Crl. M.A.No.535/2015
LAXMESHWAR JHA ..... Petitioner
Through: Ms. Bhanu Kathpalia, Advocate
versus
STATE ( NCT OF DELHI) & ANR. ..... Respondents
Through: Ms. Nishi Jain, Additional Public
Prosecutor for respondent No.1-
State with ASI Rampal Singh
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.207/2013, under Sections 498-A/406/34 of the
IPC, registered at police station Nihal Vihar, Delhi is sought in this
petition on the basis of settlement reached between the parties in terms
mentioned in the judgment of 13th October, 2014.
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
has been identified to be so by her counsel as well as by ASI Rampal
Singh, Investigating Officer of this case.
Learned Additional Public Prosecutor for State submits on
Crl. M.C. No. 118/2015 Page 1
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 and terms of settlement
have been fully acted upon as she has already received a sum of
`4,00,000/- at the time of recording of statement in proceeding under
Section 13 (b) (i) of The Hindu Marriage Act and another sum of
`4,00,000/- at the time of recording of statement under Section 13 (b) (ii)
of The Hindu Marriage Act and today, she has received the balance
settled amount of `4,00,000/- by way of demand pay order bearing
No.'418510', dated 9th January, 2015, drawn on Indian Overseas Bank,
Nangloi and that divorce by mutual consent has been already granted by
the Family Court on 13th October, 2014. Respondent No.2 affirms
contents of her affidavit of 9th January, 2015 supporting this petition and
submits that now no dispute with petitioner survives and so, 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
Crl. M.C. No. 118/2015 Page 2
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.207/2013, under
Sections 498-A/406/34 of the IPC, registered at police station Nihal
Vihar, Delhi and the proceedings emanating therefrom are quashed qua
petitioner.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 14, 2015
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Crl. M.C. No. 118/2015 Page 3
