Raman Khanna vs State (Nct Of Delhi)
2018 Latest Caselaw 7497 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                        Date of Order: December 18, 2018
+     Crl.M.C. 6039/2018

      RAMAN KHANNA                                      ..... Petitioner
                 Through:               Mr. Narender Kumar, Advocate

                    Versus

      STATE (NCT OF DELHI)                                ..... Respondent
                    Through:            Mr. Izhar Ahmed, Additional
                                        Public Prosecutor for respondent-
                                        State with SI Ramesh Kumar
                                        Respondent No.2 in person
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                          ORDER

(ORAL)

1. Quashing of FIR No. 755/2016, under Sections 498A/406 IPC, registered at police station Sultanpuri, Delhi is sought by petitioner on the basis of Memorandum of Understanding of 26th March, 2018 (Annexure- B).

2. Upon notice, Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the Court, is the complainant/first-informant of the FIR in question and she has been identified to be so, by SI Ramesh Kumar.

3. Counsel for petitioner submits that the dispute between the parties is a matrimonial dispute, which has been amicably resolved in terms of Memorandum of Understanding of 26th March, 2018 (Annexure-B).

4. Respondent No.2, present in the Court, submits that the terms of

settlement have been fully acted upon, as today she has received the balance settled amount of ₹1,00,000/- by way of demand draft bearing No.202878, dated 8th October, 2018, drawn on Karnataka Bank Ltd., Branch Rohini, Delhi and that divorce by mutual consent has been already granted by the family court on 17th August, 2018. Respondent No.2 affirms the contents of her affidavit of 20th November, 2018 supporting this petition and submits that now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end.

5. In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Supreme 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."

6. 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.

7. Accordingly, FIR No.755/2016, under Sections 498A/406 IPC, registered at police station Sultanpuri, Delhi and the proceedings emanating therefrom are quashed subject to petitioner depositing cost of ₹25,000/- with Prime Minister‟s National Relief Fund within four weeks from today. The receipt of deposit of cost be placed on record within two weeks thereafter.

8. With aforesaid directions, this petition is accordingly disposed of.

(SUNIL GAUR) JUDGE DECEMBER 18, 2018 r