Delhi High Court
Dheeraj & Ors. vs State & Anr. on 21 December, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 21, 2018
+ CRL.M.C. 6605/2018 & Crl.M.A.50616/2018
DHEERAJ & ORS. .....Petitioners
Through: Mr. S.K. Gupta and Mr. B.Singh,
Advocates
Versus
STATE & ANR. .....Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for respondent-State
with SI Deepak Bhardwaj
Mr. N.L. Singh, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Quashing of FIR No.135/2012, under Sections 498-A/406/34 of
IPC registered at police station Adarsh Nagar, New Delhi is sought on the
basis of Mediated Settlement of 30th August, 2018 (Annexure-4).
2. Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No.2, present in the Court, is the father of
complainant/first-informant of the FIR in question and he has been
identified to be so, by SI Deepak Bhardwaj as well as by his counsel.
3. Respondent No.2, present in the Court, submits that Sapna, who is
the complainant/first informant of the FIR in question, had died natural
death on 19th September, 2016 and submits that in terms of aforesaid
Mediated Settlement, he has been duly compensated to the tune of `1.80
lac, in cash and that the terms of aforesaid Mediated Settlement have been
fully acted upon. Respondent No.2, present in the Court, affirms the
contents of aforesaid Mediated Settlement and of his affidavit of 12th
December, 2018 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.
4. 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:-
"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."
5. The aforesaid dictum stands reiterated by Supreme Court in a
recent judgment in Narinder Singh v. State of Punjab (2014) 6 SCC 466.
6. Considering the fact that respondent No.2 has been duly
compensated and the matrimonial dispute, which is the subject matter of
the FIR in question, stands mutually settled in view of aforesaid Mediated
Settlement, I find that continuance of proceedings arising out of the FIR
in question would be an exercise in futility.
7. Accordingly, this petition is allowed subject to costs of `10,000/-
to be deposited by petitioners with Prime Minister‟s National Relief Fund
within four weeks from today. Upon placing on record the receipt of costs
before this Court as well as before trial court, FIR No.135/2012, under
Sections 498-A/406/34 of IPC registered at police station Adarsh Nagar,
New Delhi and the proceedings emanating therefrom shall stand quashed
qua petitioners.
8. This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
DECEMBER 21, 2018
s
