T K Punia & ORS v. The State Of NCT Of Delhi & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 20, 2015 + T K PUNIA & ORS .....Petitioners Through:

Mr. M.K. Chawla, Advocate versus THE STATE OF NCT OF DELHI & ORS .....Respondents Through:

Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with SI Shri Gopal Respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) Quashing of FIR No.575/1997, under Sections 420/406/409/120B/34 of IPC registered at police station Shakarpur, Delhi is sought on the basis of Mediated Settlement of 24th October, 2013 (Annexure-B) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties.

Notice.

Mr. Vinod Diwakar, 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 he has been identified to be so by SI Shri Gopal on the basis of identity proof produced by him.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesaid Mediated Settlement and the terms thereof have been fully acted upon and he has been duly compensated to the tune of `2.75 lac by way of three demand drafts and that the misunderstanding, which led to the incident in question, now stands cleared between the parties. Respondent No.2 affirms the contents of aforesaid Mediated Settlement and of his affidavit of 27th May, 2014 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:- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

In the facts and circumstances of this case and in view of aforesaid Mediated Settlement and the fact that respondent No.2 has been duly compensated, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR, now stands cleared between the

parties.

Accordingly, this petition is allowed subject to total cost of `50,000/- to be deposited by petitioners with Prime Minister‟s Relief Fund within four weeks from today. Upon placing on record the receipt of cost, FIR No.575/1997, under Sections 420/406/409/120-B/34 of IPC registered at police station Shakarpur, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners. This petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE JANUARY 20, 2015 s