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CRL.M.C. 3451/2019
HIGH COURT OF DELHI
Date of Order: July 19, 2019
HIGH COURT OF DELHI
Date of Order: July 19, 2019
CRL.M.C. 3451/2019 & CRL.M.A. 31395/2019
SH. MANISH MOHAN & ORS. .....Petitioners
Through: Mr. Rohit Manan, Advocate
SH. MANISH MOHAN & ORS. .....Petitioners
Through: Mr. Rohit Manan, Advocate
VERSUS
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with
W/SI Reena.
Ms. Amarjeet Sahni & Ms. Shagufta Yashin, Advocates with
Respondent No. 2 in person.
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with
W/SI Reena.
Ms. Amarjeet Sahni & Ms. Shagufta Yashin, Advocates with
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 445/2014, under Sections 498-A/406/34 of
IPC, registered at Police Station Paschim Vihar, Delhi is sought on the basis of affidavit of 19th June, 2019 of respondent No. 2.
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 W/SI Reena on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved as today, she has received
2019:DHC:3486 an amount ₹3,50,000/- by way of demand draft bearing No. 339626 dated
16th March, 2019 drawn on Central Bank of India, Branch Press Area, New Delhi from petitioners. She affirms the contents of her affidavit of
19th June, 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:-
“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
₹50,000/- to be deposited by petitioners with Prime Minister’s National
Relief Fund within two weeks 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. 445/2014, under Sections 498-
A/406/34 of IPC, registered at Police Station Paschim Vihar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 19, 2019 p’ma
Quashing of FIR No. 445/2014, under Sections 498-A/406/34 of
IPC, registered at Police Station Paschim Vihar, Delhi is sought on the basis of affidavit of 19th June, 2019 of respondent No. 2.
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 W/SI Reena on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved as today, she has received
2019:DHC:3486 an amount ₹3,50,000/- by way of demand draft bearing No. 339626 dated
16th March, 2019 drawn on Central Bank of India, Branch Press Area, New Delhi from petitioners. She affirms the contents of her affidavit of
19th June, 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:-
“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
₹50,000/- to be deposited by petitioners with Prime Minister’s National
Relief Fund within two weeks 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. 445/2014, under Sections 498-
A/406/34 of IPC, registered at Police Station Paschim Vihar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 19, 2019 p’ma
JUDGMENT