Delhi High Court
Charan Jeet Singh & Ors. vs State (Nct Of Delhi) & Anr. on 7 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 07, 2019
+ CRL.M.C. 3894/2019 & CRL.M.A. 33018/2019
CHARAN JEET SINGH & ORS. .....Petitioners
Through: Gurpreet Singh, Advocate.
Versus
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for State with SI
Rajpal.
Mr. Suwinder Singh Chadha,
Advocate with Respondent No. 2
in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 163/2009, under Sections
420/380/406/498A/120B of IPC, registered at Police Station Punjabi
Bagh, Delhi is sought on the basis of Settlement of 28th March, 2019
reached between the parties and affidavit of 1st July, 2019 of respondent
No. 2.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No. 2, who is present in Court, is the
complainant of FIR in question and she has been identified to be so, by SI
Rajpal, on the basis of identity proof produced by her.
Respondent No. 2, present in the Court submits that the
dispute/misunderstanding between the parties has been amicably resolved
vide aforesaid Settlement of 28th March, 2019 and terms thereof have
been fully acted upon. Respondent No. 2 affirms the contents of her
affidavit of 1st 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, and the
misunderstanding, which led to registration of the FIR, has also been
cleared between the 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
₹50,000/- 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. 163/2009, under Sections
420/380/406/498A/120B of IPC, registered at Police Station Punjabi
Bagh, Delhi and the proceedings emanating therefrom shall stand
quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 07, 2019
p'ma
