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Crl.M.C. 928/2019 HIGH COURT OF DELHI
Date of Order: July 10, 2019
Date of Order: July 10, 2019
CRL.M.C. 928/2019 & CRL.M.As. 3714-3715/2019
CHAND MOHAMMAD .....Petitioner
Through: Mr. Mohd. Parvez, Advocate
CHAND MOHAMMAD .....Petitioner
Through: Mr. Mohd. Parvez, Advocate
VERSUS
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent-
State with SI Ramesh Respondent No.2 in person
Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent-
State with SI Ramesh Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 82/2014, under Sections 498A/406/34 of IPC, registered at Police Station Nihal Vihar, Delhi is sought on the basis of mediated settlement of 19th September, 2014.
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 Ramesh 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 in terms of mediated settlement of 19th September, 2014 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
2019:DHC:3298 Crl.M.C. 928/2019
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 proceedings, 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.
Accordingly, FIR No. 82/2014, under Sections 498A/406/34 of
IPC, registered at Police Station Nihal Vihar, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioner.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 10, 2019 r 2019:DHC:3298
Quashing of FIR No. 82/2014, under Sections 498A/406/34 of IPC, registered at Police Station Nihal Vihar, Delhi is sought on the basis of mediated settlement of 19th September, 2014.
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 Ramesh 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 in terms of mediated settlement of 19th September, 2014 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
2019:DHC:3298 Crl.M.C. 928/2019
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 proceedings, 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.
Accordingly, FIR No. 82/2014, under Sections 498A/406/34 of
IPC, registered at Police Station Nihal Vihar, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioner.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 10, 2019 r 2019:DHC:3298
JUDGMENT