Maninder Singh Bansal & Ors. vs State (Nct Of Delhi) & Anr.
2015 Latest Caselaw 568 Del

    * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: January 20, 2015

+     CRL.M.C. 236/2015 & Crl. M.A.No.923/2015
      MANINDER SINGH BANSAL & ORS.             ..... Petitioners
                   Through: Mr. Joginder Tuli, Mr. Tarun
                            Nanda & Ms. Ashu Sharma,
                            Advocates

                         versus

      STATE ( NCT OF DELHI) & ANR.             ..... Respondents
                     Through: Mr. Karan Singh, Additional
                              Public Prosecutor for respondent
                              No.1-State with SI Ashok
                              Mr. Rupesh Sharma, Advocate for
                              respondent No.2

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

% (ORAL)

In this petition, quashing of FIR No.184/2013, under Sections 498- A/406/34 of the IPC, registered at police station Keshav Puram, Delhi is sought by petitioners. Terms of settlement are recorded in the order of 24th September, 2013 (Annexure-B) of this Court.

Mr. Karan Singh, learned Additional Public Prosecutor for respondent No.1-State accepts notice and Mr. Rupesh Sharma , 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.236/2015 Page 1 informant of the FIR in question and she has been identified to be so by her counsel as well as by SI Ashok, 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 and that divorce by mutual consent has been already granted by the family court on 16th October, 2014. Respondent No.2 affirms the contents of aforesaid settlement and of her affidavit of 17th 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 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

Crl.M.C.No.236/2015 Page 2 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.184/2013, under Sections 498-A/406/34 of the IPC, registered at police station Keshav Puram, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition and application are accordingly disposed of.

                                                       (SUNIL GAUR)
                                                         JUDGE

JANUARY 20, 2015
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Crl.M.C.No.236/2015                                                Page 3