Delhi High Court
Ankur Sehgal & Ors vs The State (Nct Of Delhi) & Anr on 13 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 13, 2019
+ CRL.M.C. 3966/2019
ANKUR SEHGAL & ORS .....Petitioners
Through: Ms. Aliya Durafshan, Mr. Vikas
Kumar, Mr. Manish Paliwal and
Mr. Dheeraj Singh, Advocates.
versus
THE STATE (NCT OF DELHI) & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with SI Arun Kumar.
Mr. Prosenjeet Banerjee and
Ms. Meera Menon, Advocates with
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.176/2017, under Sections 498-A/406/34 of
IPC, registered at Police Station Hazarat Nizamuddin, Delhi is sought on
the basis of Memorandum of Settlement of 15th May, 2019.
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 Arun 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
Memorandum of Settlement of 15th May, 2019 as today, she has received
amount of ₹12,50,000/- and ₹20,00,000/- by way of demand drafts
bearing No. 937591 and 937588 dated 7th August, 2019 drawn on Yes
Bank, Branch Jangpura, Delhi from petitioners. She affirms the contents
of her affidavit of 8th 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, this petition is allowed subject to costs of
₹30,000/- 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.176/2017, under Sections 498-A/406/34
of IPC, registered at Police Station Hazarat Nizamuddin, Delhi and the
proceedings emanating therefrom shall stand quashed.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 13, 2019
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