- (1.) QUASHING of FIR No. 174/2007 under Section 420/468 of Indian Penal Code registered at Police Station Sarojini Nagar, New Delhi is sought on the ground that the subject matter of this FIR already stands settled in civil proceedings and certified copy of the statements of the Authorized Representative of the petitioner as well as of the complainant/first informant/respondent no. 2 dated 18th October, 2008 is placed on record. The affidavit of respondent no. 2 is also on record at page 18 of the paper book which indicates that the respondent no. 2 has no objection to quashing of the FIR in question as its subject matter stands amicably settled with the petitioner. Learned counsel for the petitioner relies upon decision of this court reported in 2008 (2) JCC 824.
(2.) APEX Court in case of Madan Mohan Abbot V. State of Punjab (2008) 4 Supreme court Cases 582 observed as under :- "we need to emphasis that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilized in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law. "
(3.) IN view of the statements made by both the sides before the civil court as appearing on pages 41 and 42 of the paper book, no purpose would be served in continuing with the proceedings arising out of the FIR in question. Consequently, FIR No. 174/2007 under Section 420/468 of Indian Penal Code registered at Police Station Sarojini Nagar, New Delhi and proceedings arising out therefrom stand quashed.;