Delhi High Court
Anish Gupta & Ors. vs State (Nct Of Delhi) & Anr. on 1 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 01, 2019
+ CRL.M.C. 3652/2019 & CRL.M.A. 32207/2019
ANISH GUPTA & ORS.. .....Petitioners
Through: Mr. Mukul Gupta & Mr. Ankur
Gupta, Advocates.
Versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for State with
ASI Rajbir Singh.
Mr. Nitesh Singla, Advocate with
respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 671/2014, under Section 498-A/406/34 of
IPC, registered Police Station South Rohini, Delhi is sought on the basis
of settlement of 31st May, 2018 and affidavit of respondent No. 2 of 16th
July, 2019.
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 she has been identified
to be so, by ASI Rajbir 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 vide aforesaid settlement
of 31st May, 2018 and terms thereof have been fully acted upon and she is
happily living with petitioner-husband since last one year. Respondent
No. 2 affirms the contents of her affidavit of 16th July, 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.
Consequentially, 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. 671/2014, under Section 498-A/406/34
of IPC, registered Police Station South Rohini, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 01, 2019
p'ma
