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r I HIGH COURT OF DELHI
Date ofOrder:March 29,2019
Date ofOrder:March 29,2019
CRL.M.C.1657/2019& CRL.M.A.6651/2019
DILDAR SINGH& ANR. Petitioners
Through: Mr.Ravi Dev Sharma,Advocate.
Versus.
STATE&ORS. Respondents
Through:,';■ Izhar Ahmad, Additional
; ; i'^IPubh^^ i ' .yj ' . h^HBhhpesh Narula and Ms, Rihiiu Narula, Advocates with
Respondent No. 2 in person.
DILDAR SINGH& ANR. Petitioners
Through: Mr.Ravi Dev Sharma,Advocate.
Versus.
STATE&ORS. Respondents
Through:,';■ Izhar Ahmad, Additional
; ; i'^IPubh^^ i ' .yj ' . h^HBhhpesh Narula and Ms, Rihiiu Narula, Advocates with
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D MIL (ORAL)
Quashing of FIR No. 447/gai6|Mi'"Secti^^ 323/354/506/34 of
IPG, registered at Police Station Shakarpur, Delhi is sought on the basis of affidavit of 19^^ March^'2pp;i9;=0Lrespp^ 2 and on the ground that the misunderstanding which led to registration ofthe 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 complainanti/first-informanti of FIR in question and she has been identified to be so, by Additional Public Prosecutor, on the basis of identity proofproduced by her:
Crl.M.C. 1657/2019 ^ ' Page 1 of3 ( 2019:DHC:7533
V
Respondent No. 2, present in the Court, submits that the misunderstanding, which led to registration ofthe FIR in question, now stands cleared between the parties.RespondentNo.2affirms the contents ofher affidavit of 19^'' March,2019 supporting this petition,and submits that now, no grievance against petitioners survives and to restore cordiality between the parties, who are related to each other, proceedings arising outofthe FIR in question be broughtto an end.
Supreme Court in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai
Vs. State ofGujarat(2017)9 SCC 641 has reiterated the parameters for exercising inherentjurisdiction under;.Section 482 Cr.P.C.for quashing of
FIR/criminal complaint,which are aslihdier:- "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 civilflavour riiay 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 ifin view ofthe compromise between the disputants, the possibility ofa conviction is remote and the continuation of a criminalproceeding wouldcause oppression andprejudice;"
In the facts and circumstances ofthis case,I find that continuance ofproceedings arising out ofthe FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR in question,now stands cleared amongstthe parties.
Crl.M.C. 1657/2019 Page2of3 Accordingly, this petition is allowed subject to costs of^10,000/- to be deposited by petitioners withPrime Minister'sNationalReliefFund within a week from today.Upon placing on record the proofofdeposit of cosfr within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 447/2016, under Section 323/354/506/34 ofIPG,registered atPolice Station Shakarpur,Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition.and application are accordingly disposed of.
Dasti. ; : , V
' '' '■ v' . ' t' ; .
MARCH 29, 2019 p'ma u - f „
(SUML GAUR)
JUDGE
U V:; /i
-3-: 3 3. ?;■ iir-yr% 5
E"' "^1 Crl.M.C. 1657/2019 Page 3 of3
Quashing of FIR No. 447/gai6|Mi'"Secti^^ 323/354/506/34 of
IPG, registered at Police Station Shakarpur, Delhi is sought on the basis of affidavit of 19^^ March^'2pp;i9;=0Lrespp^ 2 and on the ground that the misunderstanding which led to registration ofthe 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 complainanti/first-informanti of FIR in question and she has been identified to be so, by Additional Public Prosecutor, on the basis of identity proofproduced by her:
Crl.M.C. 1657/2019 ^ ' Page 1 of3 ( 2019:DHC:7533
V
Respondent No. 2, present in the Court, submits that the misunderstanding, which led to registration ofthe FIR in question, now stands cleared between the parties.RespondentNo.2affirms the contents ofher affidavit of 19^'' March,2019 supporting this petition,and submits that now, no grievance against petitioners survives and to restore cordiality between the parties, who are related to each other, proceedings arising outofthe FIR in question be broughtto an end.
Supreme Court in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai
Vs. State ofGujarat(2017)9 SCC 641 has reiterated the parameters for exercising inherentjurisdiction under;.Section 482 Cr.P.C.for quashing of
FIR/criminal complaint,which are aslihdier:- "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 civilflavour riiay 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 ifin view ofthe compromise between the disputants, the possibility ofa conviction is remote and the continuation of a criminalproceeding wouldcause oppression andprejudice;"
In the facts and circumstances ofthis case,I find that continuance ofproceedings arising out ofthe FIR in question would be an exercise in futility as the misunderstanding, which led to registration of the FIR in question,now stands cleared amongstthe parties.
Crl.M.C. 1657/2019 Page2of3 Accordingly, this petition is allowed subject to costs of^10,000/- to be deposited by petitioners withPrime Minister'sNationalReliefFund within a week from today.Upon placing on record the proofofdeposit of cosfr within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 447/2016, under Section 323/354/506/34 ofIPG,registered atPolice Station Shakarpur,Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition.and application are accordingly disposed of.
Dasti. ; : , V
' '' '■ v' . ' t' ; .
MARCH 29, 2019 p'ma u - f „
(SUML GAUR)
JUDGE
U V:; /i
-3-: 3 3. ?;■ iir-yr% 5
E"' "^1 Crl.M.C. 1657/2019 Page 3 of3
JUDGMENT