Delhi High Court
Naresh Sharma @ Narender Sharma & ... vs State (Govt. Of Nct Of Delhi) & Anr. on 5 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 05, 2019
+ CRL.M.C. 3818/2019
NARESH SHARMA @ NARENDER SHARMA & ORS.
.....Petitioners
Through: Mr. Pawan Kumar and
Mr. Kamlesh Sharma, Advocates
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with SI Sunny Kumar
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A. 32733/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 3818/2019
Quashing of FIR No. 1421/2014, under Sections 498-A/406/34 of
IPC, registered at Police Station Mukherjee Nagar, Delhi is sought on the
basis of compromise deed of 4th October, 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 Sunny 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
compromised deed of 4th October, 2018 as today, she has received an
amount of ₹2,00,000/- by way of demand draft bearing No. 005441 dated
19th July, 2019 drawn on Oriental Bank of Commerce, Branch Swaroop
Nagar, Delhi from petitioners. She affirms the contents of her affidavit of
25th May, 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, FIR No. 1421/2014, under Sections 498-A/406/34 of
IPC, registered at Police Station Mukherjee Nagar, Delhi and the
proceedings emanating therefrom are hereby quashed.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 05, 2019
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