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CRL.M.C. 1389/2019
HIGH COURT OF DELHI
Date of Order: March 14, 2019
HIGH COURT OF DELHI
Date of Order: March 14, 2019
CRL.M.C. 1389/2019 and CRL.M.A. 5543/2019
RAMANPREET SINGH ..... Petitioner
Through: Mr. Sunil Dwivedi & Mr. Prakash, Advocates.
RAMANPREET SINGH ..... Petitioner
Through: Mr. Sunil Dwivedi & Mr. Prakash, Advocates.
VERSUS
STATE GOVT. OF NCT OF DELHI & ANR .....Respondents
Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI B.
Nand.
Mr. R.S. Dakha & Mr. Sunny Jain, Advocates with Respondent No. 2 in person.
Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI B.
Nand.
Mr. R.S. Dakha & Mr. Sunny Jain, Advocates with Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 1318/2014, under Sections 498-A/406/34 of
IPC, registered at police station Tilak Nagar, New Delhi is sought on the basis of affidavit of respondent No. 2 of 13th February, 2019.
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 identified to be so, by ASI B. Nand on the basis of identity proof produced by her.
2019:DHC:1567 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 of ₹1,05,000/- by way of demand draft bearing No.788944 dated 13th March, 2019 drawn on Punjab National Bank, Adarsh Nagar
Branch, Delhi from petitioner and that divorce by mutual consent has been already granted by the family court on 18th December, 2018. She affirms the contents of her affidavit of 13th February, 2019 supporting this petition and submits that now no dispute with petitioner 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 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 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. 1318/2014, under Sections 498-A/406/34 of
IPC, registered at police station Tilak Nagar, New Delhi and the proceedings emanating therefrom are hereby quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 14, 2019 r
Quashing of FIR No. 1318/2014, under Sections 498-A/406/34 of
IPC, registered at police station Tilak Nagar, New Delhi is sought on the basis of affidavit of respondent No. 2 of 13th February, 2019.
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 identified to be so, by ASI B. Nand on the basis of identity proof produced by her.
2019:DHC:1567 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 of ₹1,05,000/- by way of demand draft bearing No.788944 dated 13th March, 2019 drawn on Punjab National Bank, Adarsh Nagar
Branch, Delhi from petitioner and that divorce by mutual consent has been already granted by the family court on 18th December, 2018. She affirms the contents of her affidavit of 13th February, 2019 supporting this petition and submits that now no dispute with petitioner 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 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 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. 1318/2014, under Sections 498-A/406/34 of
IPC, registered at police station Tilak Nagar, New Delhi and the proceedings emanating therefrom are hereby quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 14, 2019 r
JUDGMENT