Delhi High Court
Narinder Pal Singh vs State & Ors. on 11 January, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: January 11, 2019
+ CRL.M.C. 98/2019 & Crl.M.A. 441-42/2019
NARINDER PAL SINGH ..... Petitioner
Through: Mr. Anuj Yadav, Advocate
Versus
STATE & ORS. ..... Respondent
Through: Mr. M.S.Oberoi, Additional Public
Prosecutor for respondent-State with SI Deepak
Mr. Harpreet Singh Popli & Mr. Deepak
Diwan, Advocates with respondents No.2 to 4
in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 391/2018, under Section 420 IPC, registered
at police station Janakpuri, New Delhi is sought in this petition on the
basis of Family Settlement Deed of 29th October, 2018 (Annexure P-2).
Upon notice, Mr. M.S.Oberoi, learned Additional Public
Prosecutor for respondent No.1-State submits that investigation of this
case is complete and the offence committed by petitioner comes within
the ambit of Section 420 IPC, which is a compoundable offence but
charge-sheet has not been filed. Learned Additional Public Prosecutor for
respondent-State further submits that respondents No.2 to 4 are present in
the Court and they have been duly identified by SI Deepak as well as
their counsel as the complainant party of the FIR in question.
Respondents No.2 to 4, present in the Court, support this petition
on the basis of family Settlement Deed of 29th October, 2018 (Annexure
P-2) and submit that the misunderstanding between the parties now
stands cleared and to restore cordiality amongst parties, who are real
brothers, the proceedings arising out of FIR in question be brought to an
end.
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."
In the facts and circumstances of this case and in view of the fact
that the misunderstanding between the parties, who are real brothers, now
stands cleared, I find that continuance of proceedings arising out of the
FIR in question would be an exercise in futility.
Accordingly, this petition is allowed subject to cost of `50,000/- to
be deposited by petitioner with Prime Minister's National Relief Fund
within four weeks from today and upon placing on record the receipt of
deposit of cost within two weeks thereafter, FIR No. 391/2018, under
Section 420 IPC, registered at police station Janakpuri, New Delhi and
the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 11, 2019
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