Delhi High Court
Dharam Singh & Ors. vs State Nct Of Delhi & Anr. 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. 150/2015
DHARAM SINGH & ORS. ..... Petitioners
Through: Mr. Gaurav Seth, Advocate with
petitioners in person
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Karan Singh, Additional
Public Prosecutor for respondent
No.1State with SI Niranjan Singh
Ms. Vinita Ra & Mr. Giriraj Singh,
Advocates with respondent No.2 in
person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No. 372/2007, under Sections 498-A/406/34 of
the IPC, registered at police station Hauz Qazi, Delhi is sought on the
basis of mediated settlement of 15th March, 2012 (Annexure-P-3), arrived
at Mediation Centre, Tis Hazari Courts, Delhi.
Notice.
Mr. Karan Singh, learned Additional Public Prosecutor for
respondent-State accepts notice and Ms. Vinita Rai , Advocate, accepts
notice on behalf of respondent No.2.
Learned Additional Public Prosecutor for respondent -State
Crl.M.C.No.150/2015 Page 1
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 SI Niranjan Singh, Investigating Officer of this
case.
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 today, she has received
the balance settled amount of `55,000/- in cash and that divorce by
mutual consent has been already granted by the concerned matrimonial
court. Respondent No.2 affirms the contents of aforesaid settlement and
of her affidavit of 20th September, 2014 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:-
"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
Crl.M.C.No.150/2015 Page 2
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. 372/2007, under
Sections 498-A/406/34 of the IPC, registered at police station Hauz Qazi,
Delhi and the proceedings emanating therefrom are quashed qua
petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 16, 2015
r
Crl.M.C.No.150/2015 Page 3
