Jai Kishan @ Rajesh & Ors. vs State & Anr.
2019 Latest Caselaw 3741 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                             Date of Order: August 09, 2019

+      CRL.M.C. 3938/2019 & CRL.M.A. 33227/2019
       JAI KISHAN @ RAJESH & ORS.              .....Petitioners
                     Through: Mr. Manoj Kumar & Mr.
                              Devender Singh, Advocates.


                         Versus


       STATE & ANR.                                      .....Respondents
                         Through:     Mr. Izhar Ahmad, Additional
                                      Public Prosecutor for State with
                                      ASI Sanwat Ram.
                                      Mr. C.P. Singh, Advocate with
                                      Respondent No. 2 in person.
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

(ORAL)

Quashing of FIR No. 1150/2015, under Section 498-A/406/34 of IPC, registered Police Station Aman Vihar, Delhi is sought on the basis of Mediated Settlement of 18th September, 2018 reached between the parties and affidavit of 6th May, 2019 of respondent No. 2.

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 ASI Sanwat Ram 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 as today, she has received an amount of ₹80,000/- by way of demand draft bearing No. 203118 dated 1st August, 2019 drawn on Allahabad Bank, Branch Mangolpuri Kalan, Delhi from petitioners. She affirms the contents of her aforesaid affidavit of 6th 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.

Consequentially, FIR No. 1150/2015, under Section 498-A/406/34 of IPC, registered Police Station Aman Vihar, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.

This petition and application are accordingly disposed of.

(SUNIL GAUR) JUDGE AUGUST 09, 2019 p'ma