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CRL.M.C. 140/2015 Page 1
HIGH COURT OF DELHI
Date of Decision: January 16, 2015
HIGH COURT OF DELHI
Date of Decision: January 16, 2015
CRL.M.C. 140/2015
RAHUL SRIVASTAVA & ANR ..... Petitioners
Through: Mr. Brijesh Kumar, Advocate
RAHUL SRIVASTAVA & ANR ..... Petitioners
Through: Mr. Brijesh Kumar, Advocate
VERSUS
STATE & ANR .....Respondents
Through: Mr.Praveen Bhati, Additional Public Prosecutor for respondent-
State with ASI Balbir Respondent No.2 in person
Through: Mr.Praveen Bhati, Additional Public Prosecutor for respondent-
State with ASI Balbir Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
Quashing of FIR No.11/2010, under Sections 498-A/406/34 of IPC registered at police station Madipur, Delhi is sought on the basis of
Mediated Settlement of 22nd October, 2013 arrived at Delhi Mediation
Centre, Tis Hazari Courts, Delhi (Annexure P-2).
Notice.
Mr. Parveen Bhati, 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 ASI Balbir on the basis of identity proof produced by her.
2015:DHC:449
Quashing of FIR No.11/2010, under Sections 498-A/406/34 of IPC registered at police station Madipur, Delhi is sought on the basis of
Mediated Settlement of 22nd October, 2013 arrived at Delhi Mediation
Centre, Tis Hazari Courts, Delhi (Annexure P-2).
Notice.
Mr. Parveen Bhati, 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 ASI Balbir on the basis of identity proof produced by her.
2015:DHC:449
CRL.M.C. 140/2015 Page 2
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesaid Mediated
Settlement and terms thereof have been fully acted upon as today, she has received the balance settled amount of `60,000/- in cash. Respondent
No.2 affirms the contents of aforesaid Mediated Settlement and of her affidavit of 13th January, 2015 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.
In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Apex
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.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesaid Mediated
Settlement and terms thereof have been fully acted upon as today, she has received the balance settled amount of `60,000/- in cash. Respondent
No.2 affirms the contents of aforesaid Mediated Settlement and of her affidavit of 13th January, 2015 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.
In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC 303, Apex
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.
CRL.M.C. 140/2015 Page 3
Accordingly, this petition is allowed and FIR No.11/2010, under
Sections 498-A/406/34 of IPC registered at police station Madipur, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 16, 2015 s
Accordingly, this petition is allowed and FIR No.11/2010, under
Sections 498-A/406/34 of IPC registered at police station Madipur, Delhi and the proceedings emanating therefrom are quashed qua petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 16, 2015 s