* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 26, 2019
+ CRL.M.C. 1582/2019
ANIL KUMAR ..... Petitioner
Through: Mr. Manish Shukla, Advocate.
Versus
STATE ( NCT OF DELHI) & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor with ASI
Ranvijay Singh and SI Yashdeep.
Mr. Sunil Ahlawat and Mr. Rohms
Davin Ahlawat, Advocates with
respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL) CRL.M.A. 6329/2019 (Exemption) Allowed subject to all just exceptions.
CRL.M.C. 1582/2019 Quashing of FIR No. 12/2015, under Sections 498-A/406/34 of IPC, registered at police station Crime (women) Cell, Delhi is sought on the basis of mediated settlement of 24th January, 2018 (Annexure P-3 colly.) between petitioner and respondent No. 2.
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 with ASI Ranvijay Singh on the basis of identity CRL.M.C. 1582/2019 Page 1 of 3 proof produced by her.
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 ₹2,00,000/- by way of demand draft bearing No.504255 dated 11th March, 2019 drawn on ICICI Bank, Connaught Place Branch, Delhi from petitioner. She affirms the contents of her affidavit of 11th January, 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 CRL.M.C. 1582/2019 Page 2 of 3 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 a 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. 12/2015, under Sections 498-A/406/34 of IPC, registered at police station Crime (women) Cell, Delhi and the proceedings emanating therefrom shall stand quashed.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR) JUDGE MARCH 26, 2019 v CRL.M.C. 1582/2019 Page 3 of 3