Delhi High Court
Ishak & Ors. vs The State (Nct Of Delhi) & Ors. on 6 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 06, 2019
+ CRL.M.C. 3883/2019 & CRL.M.A. 32956/2019
ISHAK & ORS. .....Petitioners
Through: Mr. Vikas Jain, Advocate.
Versus
THE STATE (NCT OF DELHI) & ORS. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for State with SI
Shamesher Singh.
Mr. Jitendra & Mr. Anis Ahmad,
Advocates with Respondent No. 2
in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 15/2013, under Section 498-A/406/34 of IPC,
registered Police Station Jaitpur, Delhi is sought on the basis of Mediated
Settlement of 3rd November, 2017 and affidavit of respondent No. 2 of 6th
August, 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 SI Shamesher 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 Mediated
Settlement of 3rd November, 2017 and terms thereof have been fully acted
upon. Respondent No. 2 affirms the contents of her affidavit of 6th
August, 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, FIR No. 15/2013, under Section 498-A/406/34 of
IPC, registered Police Station Jaitpur, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 06, 2019
p'ma
