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Crl.M.C. 4887/2019 HIGH COURT OF DELHI
Date of Order: February 26, 2019
Date of Order: February 26, 2019
CRL.M.C. 4887/2017
MUNISH DALAL ..... Petitioner
Through: Mr. Divya Kumar Kaushik & Mr. Anurag Kumar Singh, Advocates
MUNISH DALAL ..... Petitioner
Through: Mr. Divya Kumar Kaushik & Mr. Anurag Kumar Singh, Advocates
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent No.1-
State with SI Vishal Tiwari Respondent No.2 in person
Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent No.1-
State with SI Vishal Tiwari Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No. 105/2015, under Sections 323/354/509/341/34 IPC, registered at police station Vikas Puri, New Delhi is sought on the basis of mediated settlement of 28th July, 2016 (Annexure- B colly) reached between the parties.
Upon notice, learned Additional Public Prosecutor for respondent–
State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so, by SI Vishal Tiwari on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the disputes with petitioner-husband stands resolved in terms of mediated settlement
2019:DHC:1318 of 28th July, 2016 (Annexure- B colly) and she is happily living with petitioner-husband since the year 2016. Respondent No.2 affirms the contents of her Affidavit of 2nd August, 2017 supporting this petition and submits that to restore cordiality between the parties, 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 petitioner with Prime Minister’s National Relief Fund within one week 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. 105/2015, under Sections
323/354/509/341/34 IPC, registered at police station Vikas Puri, New Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
FEBRUARY 26, 2019 r
Quashing of FIR No. 105/2015, under Sections 323/354/509/341/34 IPC, registered at police station Vikas Puri, New Delhi is sought on the basis of mediated settlement of 28th July, 2016 (Annexure- B colly) reached between the parties.
Upon notice, learned Additional Public Prosecutor for respondent–
State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so, by SI Vishal Tiwari on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the disputes with petitioner-husband stands resolved in terms of mediated settlement
2019:DHC:1318 of 28th July, 2016 (Annexure- B colly) and she is happily living with petitioner-husband since the year 2016. Respondent No.2 affirms the contents of her Affidavit of 2nd August, 2017 supporting this petition and submits that to restore cordiality between the parties, 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 petitioner with Prime Minister’s National Relief Fund within one week 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. 105/2015, under Sections
323/354/509/341/34 IPC, registered at police station Vikas Puri, New Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
FEBRUARY 26, 2019 r
JUDGMENT