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CRL.M.C. 1387/2019
HIGH COURT OF DELHI
Date of Order: March 14, 2019
HIGH COURT OF DELHI
Date of Order: March 14, 2019
CRL.M.C. 1387/2019 & Crl.M.A. 5539/2019
DR. PRAVEEN KUMAR BHATI & ORS. .....Petitioners
Through: Ms. Sunita Bansal & Mr. Raj Kumar, Advocates.
DR. PRAVEEN KUMAR BHATI & ORS. .....Petitioners
Through: Ms. Sunita Bansal & Mr. Raj Kumar, Advocates.
VERSUS
STATE & ANR. .....Respondents
Through: Mr. M.S. Oberoi, Additional Public Prosecutor with Inspector
Satyabir Singh.
Mr. Gyan Mitra, Advocate with Respondent No.2 in person
Through: Mr. M.S. Oberoi, Additional Public Prosecutor with Inspector
Satyabir Singh.
Mr. Gyan Mitra, Advocate with Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 294/2015, under Sections 498-A/406/34 of
IPC, registered at police station Anand Vihar, Delhi is sought on the basis of Mediated Settlement of 18th April, 2018 reached between the parties.
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 Inspector Satyabir Singh on the basis of identity proof produced by her.
Learned counsel for respondent No. 2 submits that terms of aforesaid Mediated Settlement of 18th April, 2018 have been fully acted 2019:DHC:1566 upon, as today she has received an amount of ₹11,00,000/- by way of demand draft bearing No. 021515 dated 13th March, 2019 drawn on Axis Bank, Vasant Vihar, New Delhi from petitioners. She affirms the contents of her affidavit of 25th January, 2019 filed in support of 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 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, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund within two weeks from today. Upon placing on record the receipt of cost and furnishing its copy to Investigating Officer, FIR No. 294/2015, under
Sections 498-A/406/34 of IPC, registered at police station Anand Vihar, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 14, 2019 r
Quashing of FIR No. 294/2015, under Sections 498-A/406/34 of
IPC, registered at police station Anand Vihar, Delhi is sought on the basis of Mediated Settlement of 18th April, 2018 reached between the parties.
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 Inspector Satyabir Singh on the basis of identity proof produced by her.
Learned counsel for respondent No. 2 submits that terms of aforesaid Mediated Settlement of 18th April, 2018 have been fully acted 2019:DHC:1566 upon, as today she has received an amount of ₹11,00,000/- by way of demand draft bearing No. 021515 dated 13th March, 2019 drawn on Axis Bank, Vasant Vihar, New Delhi from petitioners. She affirms the contents of her affidavit of 25th January, 2019 filed in support of 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 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, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund within two weeks from today. Upon placing on record the receipt of cost and furnishing its copy to Investigating Officer, FIR No. 294/2015, under
Sections 498-A/406/34 of IPC, registered at police station Anand Vihar, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 14, 2019 r
JUDGMENT