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CRL.M.C. 949/2019
HIGH COURT OF DELHI
Date of Order: February 20, 2019
HIGH COURT OF DELHI
Date of Order: February 20, 2019
CRL.M.C. 949/2019 & Crl.M.A.3783/2019
DINESH KUMAR LAL & ORS ..... Petitioners
Through: Mr.V.P. Katiyar, Advocate
DINESH KUMAR LAL & ORS ..... Petitioners
Through: Mr.V.P. Katiyar, Advocate
VERSUS
THE STATE (NCT OF DELHI) & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent-
State with Naib Court/ASI Praveen Kumar Mr. Sunny, Advocate with respondent No.2 in person
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent-
State with Naib Court/ASI Praveen Kumar Mr. Sunny, Advocate with respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Quashing of FIR No.141/2016, under Sections 498A/406/34 of
IPC, registered at Police Station Punjabi Bagh, Delhi is sought on the basis of Mediated Settlement of 7th August, 2018 (Annexure B) reached between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
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 Praveen Kumar on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute
2019:DHC:1194 between the parties has been amicably resolved vide aforesaid Mediated
Settlement and terms thereof have been fully acted upon, as today she has received the balance settled amount of ₹1,00,000/- by way of Banker’s
Cheque bearing No. 603971 of 28th January, 2019. Respondent No.2 affirms the contents of aforesaid Mediated Settlement and of her affidavit of 30th January, 2019 supporting 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 a week from today. Upon placing on record the receipt of costs and furnishing its copy to the Investigating Officer of this case, FIR
No.141/2016, under Sections 498A/406/34 of IPC, registered at Police
Station Punjabi Bagh, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
FEBRAURY 20, 2019 s
Quashing of FIR No.141/2016, under Sections 498A/406/34 of
IPC, registered at Police Station Punjabi Bagh, Delhi is sought on the basis of Mediated Settlement of 7th August, 2018 (Annexure B) reached between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
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 Praveen Kumar on the basis of identity proof produced by her.
Respondent No.2, present in the Court, submits that the dispute
2019:DHC:1194 between the parties has been amicably resolved vide aforesaid Mediated
Settlement and terms thereof have been fully acted upon, as today she has received the balance settled amount of ₹1,00,000/- by way of Banker’s
Cheque bearing No. 603971 of 28th January, 2019. Respondent No.2 affirms the contents of aforesaid Mediated Settlement and of her affidavit of 30th January, 2019 supporting 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 a week from today. Upon placing on record the receipt of costs and furnishing its copy to the Investigating Officer of this case, FIR
No.141/2016, under Sections 498A/406/34 of IPC, registered at Police
Station Punjabi Bagh, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
FEBRAURY 20, 2019 s
JUDGMENT