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CRL.M.C. 1553/2019
HIGH COURT OF DELHI
Date of Order: March 25, 2019
HIGH COURT OF DELHI
Date of Order: March 25, 2019
CRL.M.C. 1553/2019 & CRL.M.As. 6232-6233/2019
RAHUL YADAV ..... Petitioner
Through: Mr. Brijender Singh Dhull, Advocate
RAHUL YADAV ..... Petitioner
Through: Mr. Brijender Singh Dhull, Advocate
VERSUS
STATE & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI
Satender Ms. Anju Thomas, Advocate for Respondent No. 2
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI
Satender Ms. Anju Thomas, Advocate for Respondent No. 2
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 327/2015, under Section 135 of The Indian
Electricity Act, 2003 registered at police station Mehrauli, Delhi is sought on the basis of No Dues Certificate of 30th January, 2015 (Annexure P-2) issued by respondent No.2/complainant/first-informant of the FIR in question
Ms. Anju Thomas, Advocate, appears on behalf of respondent No.2 and submits that the subject matter of this FIR stands amicably resolved between the parties and No Dues Certificate has been already issued by
2019:DHC:1720 respondent No.2/complainant/first-informant of the FIR in question 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 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;”
Since the subject matter of this FIR 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, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioner with Prime Minister’s National Relief Fund within two 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. 327/2015, under Section 135 of The Indian
Electricity Act, 2003 registered at police station Mehrauli, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 25, 2019 p’ma
Quashing of FIR No. 327/2015, under Section 135 of The Indian
Electricity Act, 2003 registered at police station Mehrauli, Delhi is sought on the basis of No Dues Certificate of 30th January, 2015 (Annexure P-2) issued by respondent No.2/complainant/first-informant of the FIR in question
Ms. Anju Thomas, Advocate, appears on behalf of respondent No.2 and submits that the subject matter of this FIR stands amicably resolved between the parties and No Dues Certificate has been already issued by
2019:DHC:1720 respondent No.2/complainant/first-informant of the FIR in question 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 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;”
Since the subject matter of this FIR 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, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioner with Prime Minister’s National Relief Fund within two 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. 327/2015, under Section 135 of The Indian
Electricity Act, 2003 registered at police station Mehrauli, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 25, 2019 p’ma
JUDGMENT