Delhi High Court
Vijay Aggarwal vs The State (Govt Of Nct Of Delhi) & ... on 16 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 16, 2015
+ CRL.M.C. 132/2015 & Crl. M.A.No.624/2015
VIJAY AGGARWAL ..... Petitioner
Through: Mr. Pratap Singh, Advocate with
petitioner in person
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR. Respondents
Through: Mr. Karan Singh, Additional
Public Prosecutor for respondent
No.1-State with SI Anand Prakash
Mr. Rajvir Nawal, Advocate for
respondent No.2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No. 61/2009, under Sections 498-A/406/34 of the
IPC, registered at police station Khyala, Delhi is sought on the basis of
mediated settlement of 16th August, 2013, reached through Mediation
Centre, Tis Hazari Courts, Delhi.
Notice.
Mr. Karan Singh, learned Additional Public Prosecutor for
respondent No.1-State accepts notice and Mr. Rajvir Nawal , 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-
Crl.M.C.No.132/2015 Page 1
informant of the FIR in question and she has been identified to be so by
her counsel as well as by SI Anand Prakash, Investigating Officer of this
case.
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
`5,00,000/- from petitioners and today, she has received the balance
settled amount of `2,00,000/- by way of two banker's cheques bearing
No. '425500' and No.'425501', both dated 15th December, 2014 and
amounting to ` 49,000/-each drawn on State Bank of India, Tis Hazari
Branch, Delhi and two banker's cheques bearing No. '160558' and
'160560', dated 16th January, 2015, amounting to ` 49,000/- each and one
demand pay order No. '160559', dated 16th January, 2015 amounting to
`.4,000/-, each drawn on UCO Bank, Delhi High Court Branch, New
Delhi and that divorce by mutual consent has been already granted by the
family court on 1st November, 2014. Respondent No.2 affirms the
contents of aforesaid settlement and of her affidavit of 6th January, 2015
supporting this petition and submits that now no dispute with petitioner
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:-
"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
Crl.M.C.No.132/2015 Page 2
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. 61/2009, under
Sections 498-A/406/34 of the IPC, registered at police station Khyala,
Delhi and the proceedings emanating therefrom are quashed qua
petitioner.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 16, 2015
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Crl.M.C.No.132/2015 Page 3
