Delhi High Court
Sh. Manish Chopra & Ors. vs State & Anr. on 11 January, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: January 11, 2019
+ CRL.M.C. 107/2019 & Crl.M.A. 471/2019
SH. MANISH CHOPRA & ORS. ..... Petitioners
Through: Mr. Sandeep Kaushik, Advocate
Versus
STATE & ANR. ..... Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for respondent-State with SI Rajbir
Singh
Mr. Nishant Anand & Ms. Harsha Sharma,
Advocates with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.486/2015, under Sections 498-A/406/34 of
IPC, registered at police station Uttam Nagar, New Delhi is sought on the
basis of Settlement-Agreement of 8th October, 2018 arrived at Delhi High
Court Mediation and Conciliation Centre (Annexure P-3).
Notice.
Mr. M.P.Singh, 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 Rajbir Singh on the basis of identity
proof produced by her as well as by her counsel.
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide Settlement-
Agreement of 8th October, 2018 (Annexure P-3) and terms thereof have
been fully acted upon, as today she has received the amount of
₹3,00,000/- by way of demand draft bearing No.858652, dated 1st
December, 2018, drawn on Indian Bank, Branch Uttam Nagar, New
Delhi. She affirms that divorce by mutual consent has been already
granted by the family court on 30th November, 2018 (Annexure P-4).
Respondents No.2 also affirms the contents of her affidavit of 15th
December, 2018 filed in support of 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, 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."
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.
Accordingly, this petition is allowed subject to cost of `10,000/- to
be deposited by petitioners 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.486/2015, under
Sections 498-A/406/34 of IPC, registered at police station Uttam Nagar,
New Delhi and the proceedings emanating therefrom shall stand quashed
qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 11, 2019
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