Delhi High Court
Tilak Raj Arora & Anr. vs State Of Nct Delhi & Anr. on 21 December, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 21, 2018
+ CRL.M.C. 6580/2018 & Crl.M.A. 50533/2018
TILAK RAJ ARORA & ANR. ..... Petitioners
Through: Mr. Vijay Kishore Sharma,
Advocate
Versus
STATE OF NCT DELHI & ANR. ..... Respondents
Through: Mr. M.S.Oberoi, Additional Public
Prosecutor for respondent-State with SI
S.D.Sharma
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Quashing of FIR No.664/2014, under Sections
323/354/354B/509/34, registered at police station Jagatpuri, Delhi is
sought, on basis of mediated settlement of 12th December, 2017 reached
at Karkardooma Courts, Delhi.
2. Upon notice, Mr. M.S.Oberoi, Additional Public Prosecutor for
respondent-State submits that respondent No.2 is the complainant of FIR
in question and she is present in the Court and she has been identified to
be so, by SI S.D.Sharma.
3. Respondent No.2 /Complainant submits that mediated settlement
of 12th December, 2017 has been acted upon and now, no dispute with
petitioners survives and so, proceedings arising out of 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:-
"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."
5. The aforesaid dictum stands reiterated by the Supreme Court in
later decision in Narinder Singh v. State of Punjab (2014) 6 SCC 466.
6. Since the misunderstanding which led to lodging of FIR in
question now stands cleared, therefore, this Court finds that continuance
of proceedings arising out of this FIR would be an exercise in futility.
7. Accordingly, subject to petitioners depositing costs of ₹10,000/-
with Prime Minister‟s National Relief Fund within four weeks from today
and placing proof of deposit on record of this case as well as before the
trial court, FIR No.664/2014, under Sections 323/354/354B/509/34,
registered at police station Jagatpuri, Delhi and proceedings emanating
therefrom shall stand quashed.
8. This petition and application stand disposed of in aforesaid terms.
Dasti.
(SUNIL GAUR)
JUDGE
DECEMBER 21, 2018
r
