Delhi High Court
Ajay Verma & Ors. vs State Of Nct Of Delhi & Anr. on 8 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 08, 2019
+ CRL.M.C. 1509/2019 & Crl.M.A. 5980/2019
AJAY VERMA & ORS. ..... Petitioners
Through: Mr. Hem C. Vashisht, Advocate
with petitioners in person.
Versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with SI Indu.
Ms.Neetu Rai, Advocate with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 81/2016, under Section 498-A/406/34 of IPC,
registered Police Station Sagarpur, Delhi is sought on the basis of
mediated settlement of 4th August, 2016.
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 Indu 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 4th August, 2016 and terms thereof have been fully acted
upon as today, she has received the balance settled amount of ₹50,000/-
by way of demand draft bearing No. 272497 of 1st August, 2019, drawn
on Canara Bank, Branch Kingsway Camp, New Delhi. Respondent No.2
present in the Court 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 complaint, 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. 81/2016, under Section 498-A/406/34 of
IPC, registered Police Station Sagarpur, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 08, 2019
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