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CRL.M.C. 2907/2019
HIGH COURT OF DELHI
Date of Order: May 28, 2019
HIGH COURT OF DELHI
Date of Order: May 28, 2019
CRL.M.C. 2907/2019
DEEPAK YADAV ..... Petitioner
Through: Mr.Sanjay Soti, Advocate with petitioner in person.
DEEPAK YADAV ..... Petitioner
Through: Mr.Sanjay Soti, Advocate with petitioner in person.
VERSUS
THE STATE & ANR. ..... Respondents
Through: Ms.Neelam Sharma, Additional Public Prosecutor for State with SI
Pawan Kumar.
Complainant in person.
Through: Ms.Neelam Sharma, Additional Public Prosecutor for State with SI
Pawan Kumar.
Complainant in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No.150/2019 under Sections 356/379 of IPC, registered at Police Station Farsh Bazar, Delhi is sought on the basis of affidavit of respondent No.2/complainant of 16th May, 2019 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondents No. 2 who is present in Court, is the complainant of FIR in question and she has been identified to be so, by SI
Pawan Kumar, on the basis of identity proof produced by her.
Respondents No. 2 is present in the Court, affirms the contents of her affidavit of 16th May, 2019 and submits that the misunderstanding, 2019:DHC:2911 which led to registration of the FIR in question, now stands cleared amongst the parties and now, no grievance against petitioner 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 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;”
In the facts and circumstances of this case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR in question, now stands cleared amongst the parties.
Accordingly, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioner 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.150/2019 under Sections 356/379 of IPC, registered at Police Station Farsh Bazar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 28, 2019 skb
Quashing of FIR No.150/2019 under Sections 356/379 of IPC, registered at Police Station Farsh Bazar, Delhi is sought on the basis of affidavit of respondent No.2/complainant of 16th May, 2019 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondents No. 2 who is present in Court, is the complainant of FIR in question and she has been identified to be so, by SI
Pawan Kumar, on the basis of identity proof produced by her.
Respondents No. 2 is present in the Court, affirms the contents of her affidavit of 16th May, 2019 and submits that the misunderstanding, 2019:DHC:2911 which led to registration of the FIR in question, now stands cleared amongst the parties and now, no grievance against petitioner 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 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;”
In the facts and circumstances of this case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR in question, now stands cleared amongst the parties.
Accordingly, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioner 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.150/2019 under Sections 356/379 of IPC, registered at Police Station Farsh Bazar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 28, 2019 skb
JUDGMENT