Delhi High Court
Ashish Gaurav vs State & Anr on 2 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 02, 2019
+ CRL.M.C. 3777/2019
ASHISH GAURAV .....Petitioner
Through: Mr. Varun Chawla, Advocate
versus
STATE & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with SI Manoj Kumar
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 415/2016, under Sections 498A/406/34 of
IPC, registered at Police Station Sarita Vihar, Delhi is sought on the basis
of mediated settlement of 12th December, 2018.
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 Manoj 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 mediated
settlement of 12th December, 2018 and terms thereof have been fully
acted upon. Respondent No.2 affirms the contents of her affidavit of 12th
July, 2019 supporting this petition and submits that now no dispute with
petitioner 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
₹40,000/- to be deposited by petitioner 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. 415/2016, under Sections 498A/406/34
of IPC, registered at Police Station Sarita Vihar, Delhi and the
proceedings emanating therefrom shall stand quashed.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 02, 2019
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