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Crl.M.C. 1282/2019 HIGH COURT OF DELHI
Date of Order: March 08, 2019
Date of Order: March 08, 2019
CRL.M.C. 1282/2019
ANKUR SHARMA & ORS. ..... Petitioners
Through: Mr. V.N. Chaturvedi & Mr. Abhishek Chaturvedi, Advocates
ANKUR SHARMA & ORS. ..... Petitioners
Through: Mr. V.N. Chaturvedi & Mr. Abhishek Chaturvedi, Advocates
VERSUS
THE STATE ( NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI
Ashish Sharma Mr. Devesh Aggarwal, Advocate with respondent No. 2 in person.
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI
Ashish Sharma Mr. Devesh Aggarwal, Advocate with respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 690/2015, under Sections 498-A/406/34 of
IPC and Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi is sought on the basis of Mediated Settlement of
26th October, 2018 (Annexure-P-2) 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 SI Ashish Sharma on the basis of identity proof produced by her.
2019:DHC:1447 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 ₹50,000/-by way of demand draft bearing No. 647092, dated 13th February, 2019, drawn on Punjab National Bank, Asaf Ali
Road Branch, New Delhi from petitioners. She affirms the contents of
Mediated Settlement of 26th October, 2018 (Annexure-P-2) and of her affidavit of 19th February, 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 proof of deposit of costs within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 690/2015, under Sections 498-A/406/34 of
IPC and Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
March 08, 2019 r
Quashing of FIR No. 690/2015, under Sections 498-A/406/34 of
IPC and Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi is sought on the basis of Mediated Settlement of
26th October, 2018 (Annexure-P-2) 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 SI Ashish Sharma on the basis of identity proof produced by her.
2019:DHC:1447 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 ₹50,000/-by way of demand draft bearing No. 647092, dated 13th February, 2019, drawn on Punjab National Bank, Asaf Ali
Road Branch, New Delhi from petitioners. She affirms the contents of
Mediated Settlement of 26th October, 2018 (Annexure-P-2) and of her affidavit of 19th February, 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 proof of deposit of costs within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 690/2015, under Sections 498-A/406/34 of
IPC and Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
March 08, 2019 r
JUDGMENT