Delhi High Court
T K Punia & Ors. vs The State Of Nct Of Delhi & Ors on 20 January, 2015
Author: Sunil Gaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: January 20, 2015
+ CRL.M.C. 4306/2014
T K PUNIA & ORS .....Petitioners
Through: Mr. M.K. Chawla, Advocate
versus
THE STATE OF NCT OF DELHI & ORS .....Respondents
Through: Mr. Vinod Diwakar, Additional
Public Prosecutor for respondent-
State with SI Shri Gopal
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No.575/1997, under Sections 420/406/409/120-
B/34 of IPC registered at police station Shakarpur, Delhi is sought on the
basis of Mediated Settlement of 24th October, 2013 (Annexure-B) and on
the ground that the misunderstanding which led to registration of the FIR
now stands cleared between the parties.
Notice.
Mr. Vinod Diwakar, 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 Shri Gopal on the basis of identity
proof produced by him.
CRL.M.C. 4306/2014 Page 1
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid Mediated
Settlement and the terms thereof have been fully acted upon and he has
been duly compensated to the tune of `2.75 lac by way of three demand
drafts 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 Mediated Settlement and of his affidavit
of 27th May, 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:-
"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
Mediated Settlement and the fact that respondent No.2 has been duly
compensated, 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
CRL.M.C. 4306/2014 Page 2
parties.
Accordingly, this petition is allowed subject to total cost of
`50,000/- to be deposited by petitioners with Prime Minister‟s Relief
Fund within four weeks from today. Upon placing on record the receipt
of cost, FIR No.575/1997, under Sections 420/406/409/120-B/34 of IPC
registered at police station Shakarpur, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 20, 2015
s
CRL.M.C. 4306/2014 Page 3
