Delhi High Court
Rohit Rajput & Anr. vs The State (Govt. Of Nct Delhi) & ... on 16 April, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 16, 2019
+ CRL.M.C. 2047/2019 & Crl.M.A. 8126/2019
ROHIT RAJPUT & ANR. ..... Petitioners
Through: Mr. Sanjay Barnawal, Advocate
Versus
THE STATE (GOVT. OF NCT DELHI) & ANR. ... Respondents
Through: Mr. Mukesh Kumar, Additional
Public Prosecutor for respondent
No.1-State with ASI Praveen
Kumar
Mr. Hemendra, Advocate with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 583/2014, under Sections 308/34 of IPC,
registered at Police Station Sagarpur, Delhi is sought on the basis of
affidavit of 26th March, 2019 of 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 ASI Praveen Kumar on the basis of identity proof
produced by her.
Respondent No.2, present in the Court, submits that the dispute
between the parties now stands settled and she is living happily with
petitioner-husband since the year 2015. She affirms the contents of her
aforesaid affidavit of 26th 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 four 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. 583/2014, under Sections 308/34 of IPC,
registered at Police Station Sagarpur, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners. However, it is
made clear that if the marriage of respondent No.2 with petitioner-
husband again runs into rough weather, then this order will not stand in
her way to have recourse to law.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
APRIL 16, 2019
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