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CRL.M.C. 3569/2019
HIGH COURT OF DELHI
Date of Order: July 25, 2019
HIGH COURT OF DELHI
Date of Order: July 25, 2019
CRL.M.C. 3569/2019
JASVINDER SINGH SAHNI & ORS .....Petitioners
Through: Mr. Tajinder Singh and Mr. Harminder Singh, Advocates
JASVINDER SINGH SAHNI & ORS .....Petitioners
Through: Mr. Tajinder Singh and Mr. Harminder Singh, Advocates
VERSUS
STATE (GOVT OF NCT OF DELHI) & ANR .....Respondents
Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with SI G.P. Pal
Respondent No. 2 in person
Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with SI G.P. Pal
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
CRL.M.A.31887/2019 (Exemption)
Allowed subject to all just exceptions.
Quashing of FIR No.431/2018, under Sections 498-A/406/34 of
IPC, registered at Police Station Sarai Rohilla, Delhi is sought on the basis of Memorandum of Understanding of 29th March, 2019.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State submits that respondent No.2, present in the Court, is the complainant/first-informant of FIR in question and she has been identified to be so, by SI G.P. Pal on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute
2019:DHC:3627 between the parties has been amicably resolved as today, she has received an amount of ₹80,000/- by way of Bankers Cheque bearing No. 085283 dated 24th July, 2019 drawn on State Bank of India, Tilak Nagar, Delhi from petitioners. She affirms the contents of her affidavit of 15th July, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai
Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR/criminal complaint, which are as under:- Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Vs.
State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR / criminal complaint, which are as under:-
“16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice.”
Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Consequentially, this petition is allowed subject to costs of
₹10,000/- to be deposited by petitioners with Prime Minister’s National
Relief Fund within a week from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the Investigating Officer, FIR No.431/2018, under Sections 498-A/406/34 of IPC, registered at Police Station Sarai Rohilla, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 25, 2019 v
Allowed subject to all just exceptions.
Quashing of FIR No.431/2018, under Sections 498-A/406/34 of
IPC, registered at Police Station Sarai Rohilla, Delhi is sought on the basis of Memorandum of Understanding of 29th March, 2019.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State submits that respondent No.2, present in the Court, is the complainant/first-informant of FIR in question and she has been identified to be so, by SI G.P. Pal on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute
2019:DHC:3627 between the parties has been amicably resolved as today, she has received an amount of ₹80,000/- by way of Bankers Cheque bearing No. 085283 dated 24th July, 2019 drawn on State Bank of India, Tilak Nagar, Delhi from petitioners. She affirms the contents of her affidavit of 15th July, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai
Vs. State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR/criminal complaint, which are as under:- Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Vs.
State of Gujarat (2017) 9 SCC 641 has reiterated the parameters for exercising inherent jurisdiction under Section 482 Cr.P.C. for quashing of
FIR / criminal complaint, which are as under:-
“16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.
16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice.”
Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties, therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Consequentially, this petition is allowed subject to costs of
₹10,000/- to be deposited by petitioners with Prime Minister’s National
Relief Fund within a week from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the Investigating Officer, FIR No.431/2018, under Sections 498-A/406/34 of IPC, registered at Police Station Sarai Rohilla, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 25, 2019 v
JUDGMENT