HARUN SHEIKH Vs. STATE

JUDGEMENT

(1.) This petition seeks quashing of FIR No. 312/2016 dated 15.02.2016 under section 420 IPC registered at Police Station Shakarpur, Delhi upon the complaint of respondent no. 3. A complaint of respondent no. 2 was later added, and therefore, respondent no. 2 also became a complainant in the present case. It is stated that with the intervention of respectable members of the society, the matter has been amicably settled between them by way of a Memorandum of Understanding dated 15.07.2017 whereby the petitioner has paid a sum of Rs.1,54,000/- to respondent no. 3 against full and final settlement of the lis. The parties are present in the Court. They have been identified by the Investigating Officer. Mr. Ashish Chauhan/R-2 states that he does not have a counsel. Accordingly, Mr. Mehmood Pracha, Advocate, present in the Court is appointed as his counsel for the day. He states upon instructions that in view of the settlement between the parties, he does not wish to pursue the matter any further and requests that the FIR be quashed.

(2.) In the aforesaid circumstances and keeping in mind the decision of the Supreme Court in Gian Singh Vs. State of Punjab and Another, 2012 10 SCC 303, holding 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; by observing as under:

(3.) The amicable resolution of cases like the present one is an abiding objective. The dictum of Gian Singh (supra) has been affirmed by the Apex Court in Narinder Singh & Ors. Vs. State of Punjab & Anr., 2014 6 SCC 466 while observing: