Delhi High Court
Gaurav Garg & Ors. vs The State (Govt Of Nct Of Delhi) & ... 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. 129/2015
GAURAV GARG & ORS. ..... Petitioners
Through: Mr. Puneet Khurana, Advocate
with petitioners in person
versus
THE STATE ( GOVT OF NCT DELHI) & ANR. ..... Respondents
Through: Mr. Karan Singh, Additional
Public Prosecutor for respondent-
State with SI Renuka
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No. 200/2011, under Sections 498-A/406/34 of
IPC, registered at police station Janakpuri, Delhi is sought on the basis of
mediated settlement of 16th July, 2014, reached between the parties before
the Family Court, Saket, Delhi.
Notice.
Mr. Karan Singh, 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 Renuka, Investigating Officer of this
case.
Crl. M.C.No.129/2015 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 settlement
and terms thereof have been fully acted upon as a sum of `5,00,000/- has
been already received by her from petitioners at the time of recording of
statement of parties in proceedings under Section 13-B (i) of the Hindu
Marriage Act, 1955 and today, she has received another sum of
`5,00,000/- by way of demand pay order No. '071250', dated 13th
January, 2015, drawn on Yes Bank, Worli, Mumbai.
Counsel for petitioners on instructions undertakes that in terms of
settlement, the balance and final payment of `5,00,000/- shall be made to
respondent No.2 at the time of recording of statement under Section 13-B
(ii) of the Hindu Marriage Act, 1955.
Respondent No.2 affirms contents of her affidavit of 23rd
December, 2014 and submits that while taking on record the aforesaid
undertaking on behalf of petitioners, proceedings arising out of 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
Crl. M.C.No.129/2015 Page 2
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. 200/2011, under
Sections 498-A/406/34 of IPC, registered at police station Janakpuri,
Delhi and the proceedings emanating therefrom are quashed qua
petitioners. Needless to say, if petitioners fail to abide by the aforesaid
Settlement, then proceedings in this FIR shall stand revived.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 14, 2015
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Crl. M.C.No.129/2015 Page 3
