Delhi High Court
Gaurav Wadhwa & Ors. vs The State Of Nct Of Delhi & Anr. 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. 247/2015
GAURAV WADHWA & ORS. ..... Petitioners
Through: Mr. Mohan Singh, Advocate
versus
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Karan Singh, Additional
Public Prosecutor for respondent
No.1-State with ASI Anoop Singh
Mr. S.C. Singhal, Advocate for
respondent No.2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
% (ORAL)
Quashing of FIR No. 76/2012, under Sections 498-A/406/34 of the
IPC, registered at police station Moti Nagar , Delhi is sought on the basis
of settlement between the parties.
Notice.
Mr. Karan Singh, learned Additional Public Prosecutor for
respondent No.1-State accepts notice and Mr. S.C. Singhal, 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-informant
of the FIR in question and she has been identified to be so by her counsel
Crl.M.C.No.247/2015 Page 1
as well as by ASI Anoop Singh on the basis of identity proof produced by
her.
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 and terms thereof have
been fully acted upon as today, she has received the balance settled
amount of `5,00,000/- by way of demand draft bearing No.'201771',
dated 6th January, 2015, drawn on ICICI Bank, Qutub Road, New Delhi
and that divorce by mutual consent has been already granted by the
family court on 12th November, 2014. Respondent No.2 affirms the
contents of the settlement and of her affidavit of 8th January, 2015
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.247/2015 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 the 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. 76/2012, under
Sections 498-A/406/34 of the IPC, registered at police station Moti
Nagar, Delhi and the proceedings emanating therefrom are quashed qua
petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 20, 2015
r
Crl.M.C.No.247/2015 Page 3
