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n HIGH COURT OF DELHI
DateofOrder:March 29,2019
DateofOrder:March 29,2019
CRL.M.C.1660/2019& CRL.M.A.6658/2019
FAGUN GAUR Petitioner
Through: Mr.Pulkit Sachdeva,Advocate.
STATE & ORS
FAGUN GAUR Petitioner
Through: Mr.Pulkit Sachdeva,Advocate.
STATE & ORS
VERSUS
Through:
CORAM:
HON'BLE MR.JUSTICE SUNIL GAUR
(ORAL)'^[> Respondents Mr.M.S.Oberoi,Additional
Public Prosecutor for State with SI SurendraSingh.
Mr.Aiiurag Chibber,Advocates Witii'Respondent Nos.2arid 3in person;'
Quashing ofFIR No.477Mif'#iinder Sections 279/337 ofIPG registered at police station South Campus,New Delhi is sought on the basis ofaffidavits ofrespondent^Nosi2&/3 March,2019.
Upon notice,learned Additional Public Prosecutor for respondent-
State submits that respondent Nos. 2 & 3, present in the Court, are the complainants/first-informants ofthe FIR in question and they have been identified to be so, by SI Surendra Singh on the basis ofidentity proof produced by them.
Respondent Nos.2& 3,present in the Court,submit that accident
Crl.M.C No. 1660/2019 Page 1 of3 2019:DHC:7535 in question has taken place due to error ofjudgment and that they have been duly compensated and so the proceedings arising out ofthis FIR be brought to an end. Respondent Nos. 2 & 3 affirm the contents oftheir affidavits of ll^*" March, 2019.supporting this petition and submit that now no dispute with petitioner survives and so, the proceedings arising out ofthe FIR in question be broughtto an end.
Supreme Court in ParbatbhaiAahir@Parbdtbhai Bhimsinhbhai Vs.
State of Gujarat (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 as under:- 16.7.As distinguished from serious offences, there may be criminal cases which have an ovei-whelming or predominant elementofa civil dispute. They stand on a distinctfooting insofar as the exercise ofthe inherentpower to quash is concerned.
16.8. Criminal cases involving offences "which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civilflavour may in appropriate situationsfallfor quashing whereparties have settledthe 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 ofa criminalproceeding wouldcause oppression andprejudice".
Since the accident in question had taken place due to bonafide error ofjudgment therefore,I find that continuance ofproceedings arising out ofthe FIRin question would be an exercise in futility.
Accordingly, this petition is allowed subject to costs of?10,000/- to be deposited by petitioner with the Prime Minister's National Relief
Crl.M.C No.1660/2019 Page 2of3 n 3^ Fund within a week from today. Upon placing on record the receipt of costs within a week thereafter and handing over its copy to the
Investigating Officer of this case, FIR No. 477/2014, under Sections
279/337 ofIPG registered at police station South Campus,New Delhi and the proceedings emanatingtherefrom shall stand quashed quapetitioner.
This petition and application are accordingly disposed of.
Dasti.
MARCH 29,2019 p'ma (SUML GAUR)
JUDGE
: V ^ i'; i', •;.yy :■ Vr:
-I-:-;..;' U. •!
Crl.M.C No. 1660/2019 Page3of3
(ORAL)'^[> Respondents Mr.M.S.Oberoi,Additional
Public Prosecutor for State with SI SurendraSingh.
Mr.Aiiurag Chibber,Advocates Witii'Respondent Nos.2arid 3in person;'
Quashing ofFIR No.477Mif'#iinder Sections 279/337 ofIPG registered at police station South Campus,New Delhi is sought on the basis ofaffidavits ofrespondent^Nosi2&/3 March,2019.
Upon notice,learned Additional Public Prosecutor for respondent-
State submits that respondent Nos. 2 & 3, present in the Court, are the complainants/first-informants ofthe FIR in question and they have been identified to be so, by SI Surendra Singh on the basis ofidentity proof produced by them.
Respondent Nos.2& 3,present in the Court,submit that accident
Crl.M.C No. 1660/2019 Page 1 of3 2019:DHC:7535 in question has taken place due to error ofjudgment and that they have been duly compensated and so the proceedings arising out ofthis FIR be brought to an end. Respondent Nos. 2 & 3 affirm the contents oftheir affidavits of ll^*" March, 2019.supporting this petition and submit that now no dispute with petitioner survives and so, the proceedings arising out ofthe FIR in question be broughtto an end.
Supreme Court in ParbatbhaiAahir@Parbdtbhai Bhimsinhbhai Vs.
State of Gujarat (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 as under:- 16.7.As distinguished from serious offences, there may be criminal cases which have an ovei-whelming or predominant elementofa civil dispute. They stand on a distinctfooting insofar as the exercise ofthe inherentpower to quash is concerned.
16.8. Criminal cases involving offences "which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civilflavour may in appropriate situationsfallfor quashing whereparties have settledthe 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 ofa criminalproceeding wouldcause oppression andprejudice".
Since the accident in question had taken place due to bonafide error ofjudgment therefore,I find that continuance ofproceedings arising out ofthe FIRin question would be an exercise in futility.
Accordingly, this petition is allowed subject to costs of?10,000/- to be deposited by petitioner with the Prime Minister's National Relief
Crl.M.C No.1660/2019 Page 2of3 n 3^ Fund within a week from today. Upon placing on record the receipt of costs within a week thereafter and handing over its copy to the
Investigating Officer of this case, FIR No. 477/2014, under Sections
279/337 ofIPG registered at police station South Campus,New Delhi and the proceedings emanatingtherefrom shall stand quashed quapetitioner.
This petition and application are accordingly disposed of.
Dasti.
MARCH 29,2019 p'ma (SUML GAUR)
JUDGE
: V ^ i'; i', •;.yy :■ Vr:
-I-:-;..;' U. •!
Crl.M.C No. 1660/2019 Page3of3
JUDGMENT