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Crl.M.C. 2368/2019 & Crl.M.C. 2376/2019 HIGH COURT OF DELHI
Date of Order: May 02, 2019
Date of Order: May 02, 2019
CRL.M.C. 2368/2019 & CRL.M.A. 9404/2019
KISHAN ANAND & ANR .....Petitioners
Through: Mr. Niraj Chaudhary, Advocate.
KISHAN ANAND & ANR .....Petitioners
Through: Mr. Niraj Chaudhary, Advocate.
VERSUS
THE STATE & ANR .....Respondents
Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI
Rahul Kumar Mr. A.S. Sharma, Advocate with Respondent No. 2 in person.
Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI
Rahul Kumar Mr. A.S. Sharma, Advocate with Respondent No. 2 in person.
CRL.M.C. 2376/2019 & CRL.M.A. 9463/2019
DARSHAN LAL & ORS .....Petitioners
Through: Mr. A.S. Sharma, Advocate.
DARSHAN LAL & ORS .....Petitioners
Through: Mr. A.S. Sharma, Advocate.
VERSUS
THE STATE & ORS .....Respondents
Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI
Rahul Kumar Mr. Niraj Chaudhary, Advocate with Respondent Nos. 2 & 3 in person.
2019:DHC:2427
Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI
Rahul Kumar Mr. Niraj Chaudhary, Advocate with Respondent Nos. 2 & 3 in person.
2019:DHC:2427
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
In the above captioned two petitions, quashing of cross FIR Nos.
741/2016 under Sections 323/354-B/451/506/509/34 of IPC and FIR NO. 742/2016 under Sections 323/324/354/509/34 of IPC both registered at
Police Station Shakarpur, East District, Delhi is sought on the ground that the misunderstanding which led to registration of these FIRs, now stands cleared between the parties.
With the consent of learned counsel for the parties, both these petitions have been heard together and are being disposed of by this common order.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that complainants/party of cross FIR Nos. 741/2016 &
742/2016 are present in the Court and they have been identified to be so, by SI Rahul Kumar on the basis of identity proof produced by them.
Complainants/party of cross FIR Nos. 741/2016 & 742/2016 affirm the contents of their affidavits of 29th April, 2019 and submit that the misunderstanding, which led to registration of the cross FIRs in question, now stands cleared amongst the parties and that now, no grievance between parties survives and so, to restore cordiality amongst the parties, who are neighbours, 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 cross FIRs in question, would be an exercise in futility as the misunderstanding, which led to registration of these cross FIRs, now stands cleared between the parties.
Accordingly, these petitions are allowed subject to consolidate costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s
National Relief Fund within a week from today. Petitioner-Darshan Lal voluntary submits that he would deposit the costs. Upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the Investigating Officer, Cross FIRs 741/2016 under
Sections 323/354-B/451/506/509/34 of IPC and FIR No. 742/2016 under
Sections 323/324/354/509/34 of IPC both registered at Police Station
Shakarpur, East District, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
These petitions and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 02, 2019 p’ma
In the above captioned two petitions, quashing of cross FIR Nos.
741/2016 under Sections 323/354-B/451/506/509/34 of IPC and FIR NO. 742/2016 under Sections 323/324/354/509/34 of IPC both registered at
Police Station Shakarpur, East District, Delhi is sought on the ground that the misunderstanding which led to registration of these FIRs, now stands cleared between the parties.
With the consent of learned counsel for the parties, both these petitions have been heard together and are being disposed of by this common order.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that complainants/party of cross FIR Nos. 741/2016 &
742/2016 are present in the Court and they have been identified to be so, by SI Rahul Kumar on the basis of identity proof produced by them.
Complainants/party of cross FIR Nos. 741/2016 & 742/2016 affirm the contents of their affidavits of 29th April, 2019 and submit that the misunderstanding, which led to registration of the cross FIRs in question, now stands cleared amongst the parties and that now, no grievance between parties survives and so, to restore cordiality amongst the parties, who are neighbours, 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 cross FIRs in question, would be an exercise in futility as the misunderstanding, which led to registration of these cross FIRs, now stands cleared between the parties.
Accordingly, these petitions are allowed subject to consolidate costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s
National Relief Fund within a week from today. Petitioner-Darshan Lal voluntary submits that he would deposit the costs. Upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the Investigating Officer, Cross FIRs 741/2016 under
Sections 323/354-B/451/506/509/34 of IPC and FIR No. 742/2016 under
Sections 323/324/354/509/34 of IPC both registered at Police Station
Shakarpur, East District, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
These petitions and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 02, 2019 p’ma
JUDGMENT