Amit Yadav & Ors. vs The State & Anr.
2015 Latest Caselaw 705 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                     Date of Decision: January 27, 2015

+            CRL.M.C. 291/2015 & Crl.M.A. 1106/2015
      AMIT YADAV & ORS                                     ..... Petitioners
                   Through:               Mr. Arvind Vashishta and Mr. J.K.
                                          Sharma, Advocates

                            versus

      THE STATE & ANR                                        .....Respondents
                    Through:              Ms. Nishi Jain, Additional Public
                                          Prosecutor for respondent-State
                                          with SI Bharat
                                          Respondent No.2 in person

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                            JUDGMENT

% (ORAL)

Quashing of FIR No.53/2012, under Sections 498-A/406/34 of IPC registered at police station Lahori Gate, Delhi is sought on the basis of Mediated Settlement of 6th December, 2012 arrived at Delhi Mediation Centre, Tis Hazari Courts, Delhi (Annexure-A).

Notice.

Ms.Nishi Jain, 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 she has been identified to be so by SI Bharat on the basis of identity proof produced by her.

CRL.M.C. 291/2015 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 terms thereof have been fully acted upon as today, she has received the balance settled amount of `1.75 lac by way of Banker's Cheque bearing No. 220497 of 15th January, 2015 and that divorce by mutual consent has been already granted by the family court on 9th May, 2014. Respondent No.2 affirms the contents of aforesaid Mediated Settlement and of her affidavit of 7th 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 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,

CRL.M.C. 291/2015 Page 2 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.53/2012, under Sections 498-A/406/34 of IPC registered at police station Lahori Gate, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

This petition and the application are accordingly disposed of.

                                                       (SUNIL GAUR)
                                                          JUDGE
      JANUARY 27, 2015
      s




CRL.M.C. 291/2015                                                      Page 3