Delhi High Court
Amit Kumar Soni & Ors vs State Of Nct Of Delhi & Anr on 1 April, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 01, 2019
+ CRL.M.C. 1695/2019
AMIT KUMAR SONI & ORS .....Petitioners
Through: Mr. Shubham Singh, Advocate.
Versus
STATE OF NCT OF DELHI & ANR .....Respondents
Through: Mr. M.P. Singh, Additional Public
Prosecutor for State with SI
Pradeep Kumar.
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 483/2018, under Sections 498-A/406/34 of
IPC, registered at police station Model Town, North West, New Delhi is
sought on the basis of settlement of 23rd December, 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 SI Pradeep Kumar on the basis of identity proof
produced by her.
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid settlement
of 23rd December, 2018 and terms thereof have been fully acted upon and
that she is living together happily with petitioner-husband since
December, 2018. Respondent No. 2 affirms the contents of her affidavit
of 28th March, 2019 supporting this petition and submits that now no
dispute with petitioners survives and so, 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 ₹20,000/-
to be deposited by petitioners 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. 483/2018, under Sections 498-A/406/34 of
IPC, registered at police station Model Town, North West, New Delhi
and the proceedings emanating therefrom shall stand quashed qua
petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 01, 2019
p'ma
