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Crl.M.C. 2011/2019 HIGH COURT OF DELHI
Date of Order: April 15, 2019
Date of Order: April 15, 2019
CRL.M.C. 2011/2019 & CRL.M.A. 7967/2019
SUNIL KUMAR & ORS .....Petitioners
Through: Mr. Bhagirah Duhariya & Mr. Siddharth, Advocates.
SUNIL KUMAR & ORS .....Petitioners
Through: Mr. Bhagirah Duhariya & Mr. Siddharth, Advocates.
VERSUS
THE STATE & ANR. .....Respondents
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Barun Kumar.
Mr. Dinesh Sah, Advocate with Respondent No. 2 in person.
Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI
Barun Kumar.
Mr. Dinesh Sah, Advocate with Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 803/2006, under Sections 452/380/354/411/34 of IPC, registered at Police Station Uttam Nagar, Delhi is sought on the basis of affidavit of 2nd April, 2019 of respondent No. 2 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 respondent No.2 present in the Court, is the
2019:DHC:2128 complainant/first-informant of FIR in question and she has been identified to be so, by SI Barun Kumar, on the basis of identity proof produced by her.
Respondent No. 2 present in the Court, submits that the misunderstanding, which led to registration of the FIR in question, now stands cleared amongst the parties and submits that now, no grievance against petitioners survive and so, to restore cordiality amongst the parties, 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;”
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 between the parties.
Accordingly, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund within four 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. 803/2006, under Sections
452/380/354/411/34 of IPC, registered at Police Station Uttam Nagar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 15, 2019 p’ma
Quashing of FIR No. 803/2006, under Sections 452/380/354/411/34 of IPC, registered at Police Station Uttam Nagar, Delhi is sought on the basis of affidavit of 2nd April, 2019 of respondent No. 2 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 respondent No.2 present in the Court, is the
2019:DHC:2128 complainant/first-informant of FIR in question and she has been identified to be so, by SI Barun Kumar, on the basis of identity proof produced by her.
Respondent No. 2 present in the Court, submits that the misunderstanding, which led to registration of the FIR in question, now stands cleared amongst the parties and submits that now, no grievance against petitioners survive and so, to restore cordiality amongst the parties, 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;”
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 between the parties.
Accordingly, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund within four 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. 803/2006, under Sections
452/380/354/411/34 of IPC, registered at Police Station Uttam Nagar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 15, 2019 p’ma
JUDGMENT