Sumanlata & Ors v. State & Ors

ORDER %

27.05.2013 In the above-captioned first petition, FIR No.12/2004 under Sections 498-A/406/34 of IPC and Section 4 of Dowry Prohibition Act, registeredat P.S. Badarpur,Delhi,was lodgedby SumanLata againsther CRLMC. 1885/2013 & 1788/2013 Page 1 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. r-in-laws. During the pendency of the aforesaid FIR, another FIR No.778/2004 under Section 452 of ZPC was got registered at P.S. Dabri, Delhi,bymother-in-lawofaforesaidSumanLata. Inthe above captioned two petitions,quashing of these two FIRs is sought on the basis of an amicableresolutionof the disputebetweenthe parties. Notice. Ms. SumanLata ispresentinthe Courtand she has been identified to the first-informant of FIR No. 12/2004by SI Gir Rajesh on the basis of identity proof furnished by her. She submits that the terms of the settlementare recordedin the proceedingsof24*^^ September,2011 before the family court which have been duly complied with and a sum of ?40,000/- deposited by her in-laws in her favour with the Registrar General,DelhiHigh Court,New Delhi, is to be releasedto her subjectto quashing of these FIRs. She submits that decree of divorce by mutual consenthas alreadybeen obtainedby her: She furthersubmitsthat these proceedingsbe brought to an end as its continuancewould serve no useful purpose. Likewise, Smt Pushpa Rani, present in the Court, has been identified to be the first-informant of FIR No.778/2004 by Naresh Kumar, InvestigatingOfficer of this case, on the basis of her identity proof furnishedby her. She states that now entire disputebetweenthe parties stands settled and there is no grievance against accused of the aforesaid FIR and so the amountof ?40,000/- depositedwith the RegistrarGeneral of this Court be released to Ms. Sumail Lata and proceedings arising out of aforesaid two FIRs be quashed against accusedpersons therein. In 'Gian Singh Vs. State of Punjab' (2012) 10 SCC 303 Apex CRL.M.C. 1885/2013 & 1788/2013 Page 2 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." Considering that the subject matter of the above captioned two petitions is essentially a matrimonial dispute, which stands mutually and amicably settled between the parties, I fmd that continuance of these proceedings arising out of FIRs in question would be an exercise in futility. Accordingly, both the petitions are allowed and FIR No. 12/2004 under Sections 498-A/406/34of IPC and Section4 of DowryProhibition Act, registered at P.S. Badarpur, Delhi, and FIR No.778/2004 under Section 452 of IPC registered at P.S. Dabri, Delhi, and proceedings arising therefrom, stand quashed qua accused of these two FIRs. Let the FDR of ?40,000/- deposited with the Registrar General of this Court in Bail Application No.101/2004 pertaining to FIR No.12/2004 CRL.M.C.1885/2013&1788/2013 Page 3 r-under Sections 498A/406/34 of IPG, registered at P.S. Badarpur, Delhi, be released to Ms. Suman Lata D/o Kanwar Pal. Both these petitions are accordingly disposed of. Dasti. MAY 27, 2013 s (SUNIL GAUR) Judge CRL.M.C.1885/2013& 1788/2013 Page 4

$-9 & 22 * m THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1885/2013 ARVIND KUMAR & ORS. Petitioners Through: Petitioners in person . versus STATE NCT OF DELHI & ORS. Respondents Through: Mr. Rajneesh,Nayab Court,for Respondent-State with SI GIR Rajesh, I.O. and Ms. Suman Lata, respondent No.2 + CRL.M.C. 1788/2013 SUMANLATA & ORS. Petitioners Through: Petitioners in person versus STATE & ORS Respondents Through: Mr. Rajneesh,Nayab Court, for Respondent-Statewith I.O. Naresh Kumar Respondent No.2 Smt. Pushpa Rani in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR