Delhi High Court
Ranbir Singh & 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. 118/2019
RANBIR SINGH & ORS. ..... Petitioners
Through: Mr. Anil Hooda, Advocate
Versus
STATE & ANR. ..... Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for respondent-State with
SI Hukum Singh
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.1045/2013, under Sections 498-A/406/506/34
of IPC, registered at police station Mehrauli, New Delhi is sought on the
ground that petitioners and respondent No.2-complainant are happily
living together.
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 Hukum Singh on the basis of identity
proof produced by her.
Respondent No.2, present in the Court, submits that the dispute
with petitioners has been amicably resolved. She affirms the contents of
her affidavit of 10th January, 2019 filed in support of this petition and
submits that she is happily living with petitioners and to restore cordiality
between the parties, 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 placing on record the receipt of deposit
of cost within two weeks thereafter, FIR No.1045/2013, under Sections
498-A/406/506/34 of IPC, registered at police station Mehrauli, New
Delhi and the proceedings emanating therefrom shall stand quashed qua
petitioners. However, it is made clear that this order will not stand in the
way of respondent No.2 have recourse to law, if need be.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 11, 2019
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