Delhi High Court
Sh. Puspender Yadav & Ors. vs State & Anr. on 1 April, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 01, 2019
+ CRL.M.C. 1696/2019
SH. PUSPENDER YADAV & ORS. .....Petitioners
Through: Mr. Vikram Yadav, Advocate
Versus
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with SI Devender Singh
Ms. Nimmi Sharma, Advocate
with respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 269/2014, under Sections 498-A/406/34 of
IPC, registered at police station Govind Puri, Delhi is sought on the basis
of respondent No. 2's affidavit of 25th March, 2019 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 Devender Singh 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 as today, she has received
an amount ₹1,00,000/- by way of demand draft bearing No. 035707 dated
29th March, 2019 from petitioners. She affirms the contents of her
aforesaid affidavit of 25th March, 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 proceedings, 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. 269/2014, under Sections 498-A/406/34 of
IPC, registered at police station Govind Puri, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 01, 2019
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