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Crl.M.C. 1879/2019 HIGH COURT OF DELHI
Date of Order: April 08, 2019
Date of Order: April 08, 2019
CRL.M.C. 1879/2019
IMRAN SAIFI & ORS .....Petitioners
Through: Mr. Pratap Dhaka and Mr. Raj Kumar, Advocates.
IMRAN SAIFI & ORS .....Petitioners
Through: Mr. Pratap Dhaka and Mr. Raj Kumar, Advocates.
VERSUS
THE STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent-
State with ASI Praveen Kumar.
Mr. Divy Pal Singh, Advocate with respondent No 2 in person.
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent-
State with ASI Praveen Kumar.
Mr. Divy Pal Singh, Advocate with respondent No 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
CRL.M.A.7482/2019 (Exemption)
Allowed subject to all just exceptions.
Allowed subject to all just exceptions.
CRL.M.C. 1879/2019
Quashing of FIR No.84/2013, under Sections 498-A/406/506/34 of
IPC, registered at police station Shakarpur, Delhi is sought on the basis of
Mediated Settlement of 13th September, 2018 (Annexure P-3).
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
2019:DHC:2013 identified to be so, by ASI Praveen Kumar 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 an amount ₹3,00,000/- by way of demand draft bearing No.001327 dated
6th April, 2019 drawn on HDFC Bank, Muradnagar, Delhi from petitioners. She affirms the contents of her affidavit of 27th March, 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 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.84/2013, under Sections 498-A/406/506/34 of IPC, registered at police station Shakarpur, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
APRIL 08, 2019 v
Quashing of FIR No.84/2013, under Sections 498-A/406/506/34 of
IPC, registered at police station Shakarpur, Delhi is sought on the basis of
Mediated Settlement of 13th September, 2018 (Annexure P-3).
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
2019:DHC:2013 identified to be so, by ASI Praveen Kumar 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 an amount ₹3,00,000/- by way of demand draft bearing No.001327 dated
6th April, 2019 drawn on HDFC Bank, Muradnagar, Delhi from petitioners. She affirms the contents of her affidavit of 27th March, 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 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.84/2013, under Sections 498-A/406/506/34 of IPC, registered at police station Shakarpur, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
APRIL 08, 2019 v
JUDGMENT