Mandeep Singh vs State

Sunil Gaur, J.

Crl.M.A.4480/2014 (Exemption)

Allowed subject to all just exceptions. Crl.M.C. 1312/2014

Quashing of FIR No. 96/2008, under Sections 323/186/353 of IPC registered at Police Station Sarojini Nagar, New Delhi is sought on the ground that the misunderstanding, which led to registration of the FIR, now stands cleared between the parties. 2. Notice.

Mr. Ravi Nayak, learned Additional Public Prosecutor for respondent-State accepts notice and Mr.Abhishek Nanda. Advocate, accepts notice on behalf of respondent No. 2.

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 he has been identified to be so by his counsel as well as by SI Arun Kumar on the basis of identity proof produced by him.

Respondent No. 2 affirms the factum of Settlement and the contents of his affidavit of 11th February, 2014 supporting this petition and submits that the misunderstanding, which led to the incident in question, now stands cleared between the parties and now no dispute with petitioner survives and so, the proceedings arising out of the FIR in question be brought to an end.

In Gian Singh Vs. State of Punjab and Another, Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-

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 peculiar facts and circumstances of this case and in view of the affidavit of respondent No. 2/complainant, 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 cost of Rs. 30,000/- to be deposited by petitioner with Prime Minister''s Relief Fund within two weeks from today. Upon placing on record the receipt of cost, FIR No. 96/2008, under Sections 323/186/353 of IPC registered at Police Station Sarojini Nagar, New Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner. This petition is accordingly disposed of.