VISHNU KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS petition has been moved under Section 482 Cr.P.C. praying that F.I.R. No. 623/2013 registered under Sections 406, 498 -A, 34 I.P.C. at Police Station Aman Vihar, Delhi, against the petitioners by respondent No. 2 Sapna, be quashed since the parties have amicably settled their disputes and differences by entering into a Settlement Agreement on 11.02.2014 before the Delhi Mediation Centre, Rohini District Courts, Delhi. A certified copy of the Agreement settling the matter has also been annexed to this petition; terms and conditions, upon which the matter has been settled, have already been spelt out therein. A perusal of the same shows that petitioner No. 1, Vishnu Kumar and the complainant, Sapna, who is arrayed as second respondent to this petition and who happens to be his wife, have now resolved their differences and started living together ever since 17.01.2014 at a residence separate from their respective families, and that they do not have any grievance left against each other. The affidavit of second respondent, Sapna, is also annexed to this petition. The other petitioners, all of whom are accused in the aforesaid F.I.R., have appended their own affidavits to this petition. All the parties are present in person in Court and they are duly identified by their respective counsel.

(2.) LOOKING to the circumstances, and the fact that the parties have reconciled their differences; and specially the fact that petitioner No. 1 Vishnu and the complainant, Sapna, have decided to preserve their marriage; and that the complainant is no longer willing to support the prosecution; to my mind, it is a fit case where the matter should be given quietus.

(3.) CONSEQUENTLY , in view of the above; and looking at the ratio of the decision in Gian Singh v. State of Punjab : (2012) 10 SCC 303, which has referred to a number of matters for the proposition that even a non -compoundable offence can also be quashed on the ground of a settlement agreement between the offender and the victim, if the circumstances so warrant; and also Narinder Singh and Ors. v. State of Punjab and Anr. : 2014 (2) JCC 1360 : 2014(2) Crimes 27 (SC) where the Supreme Court held as follows: -