Full Judgment
* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 6455/2018 & Crl.M.A500222018 Date of Order: December 18, 2018 DEVENDER SINGH & ANR. ........ Petitioner
s Through: Mr. Sundaram, Advocate with petitioners in person Versus STATE (GOVT OF NCT OF DELHI) & ANR. ........ RESPONDENTS
Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent-State with ASI Amit Kumar Respondent No.2 in person with Mr. R.P.Prajapati, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER
(ORAL) In this petition, quashing of FIR No.174/2013, under Sections 498- A/4
of IPC, registered at police station Civil Lines, Delhi is sought by petitioners.
2. Notice.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. R.P.Prajapati, Advocate, accepts notice on behalf of respondent No.2.
4. Learned Additional Public Prosecutor for respondent-State 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 her counsel Crl.M.C. 6455/2018 Page 1 of 3 as well as by ASI Amit Kumar.
5. Counsel for petitioners submits that the dispute between the parties is a matrimonial dispute, which has been amicably resolved and the terms of settlement are indicated in the joint statement of 21st August, 2018 of the parties recorded by concerned Family Court.
6. Respondent No.2, present in the Court, submits that the terms of settlement have been fully acted upon as today, she has received the balance settled amount of ₹2,00,000/- by way of demand draft bearing No.325509, dated 18th December, 2018, drawn on Axis Bank, Branch Khan Market, New Delhi and that divorce by mutual consent has been already granted by the family court on 25th May, 2018. Respondent No.2 affirms the contents of her affidavit of 14th November, 2018 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.
7. In „Gian Singh Vs State of Punjab‟ (2012) 10 SCC303 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 Crl.M.C. 6455/2018 Page 2 of 3 8. 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, FIR No.174/2013, under Sections 498-A/4
of IPC, registered at police station Civil Lines, Delhi and the proceedings emanating therefrom are quashed subject to petitioners depositing cost of `25,000/- with Prime Minister‟s Relief Fund within four weeks from today. The receipt of deposit of cost be placed on record within two weeks thereafter.
9. With aforesaid directions, this petition and application are accordingly disposed of. DECEMBER18, 2018 r (SUNIL GAUR) JUDGE Crl.M.C. 6455/2018 Page 3 of 3