Delhi High Court
Sunil & Anr vs The State Of Nct Of Delhi & Anr on 11 April, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 11, 2019
+ CRL.M.C. 1951/2019
SUNIL & ANR .....Petitioners
Through: Mr. G.D. Sharma, Advocate.
versus
THE STATE OF NCT OF DELHI & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with SI Naeem Ali.
Mr. N.K. Mishra, Advocate with
respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A.7718/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 1951/2019
Quashing of FIR No. 338/2009, under Sections 324/34 of IPC,
registered at Police Station Bhajan Pura, Delhi is sought on the basis of
affidavit of 8th April, 2019 of respondent No. 2 on the ground that the
misunderstanding which led to registration of the FIR in question, now
stands cleared 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 he has been identified
to be so, by SI Naeem Ali, on the basis of identity proof produced by him.
Respondent No. 2 present in the Court, submits that the
misunderstanding, which led to registration of the FIR in question, now
stands cleared between the parties. She affirms the contents of her
aforesaid affidavit of 8th April, 2019 supporting this petition and submits
that now, no grievance against petitioners survives and so, to restore
cordiality between the parties, who are friends, 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;"
In the facts and circumstances of this case, I find that continuance
of proceedings arising out of the FIR in question would be an exercise in
futility as the misunderstanding, which led to registration of the FIR in
question, now stands cleared between the parties.
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 proof of deposit of
costs within a week thereafter and handing over its copy to the
Investigating Officer, FIR No. 338/2009, under Sections 324/34 of IPC,
registered at Police Station Bhajan Pura, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 11, 2019
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