Delhi High Court
Manmohan & Anr vs The State (Nct Of Delhi) & Anr on 14 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 14, 2019
+ CRL.M.C. 3986/2019 & CRL.M.A. 33420/2019
MANMOHAN & ANR .....Petitioners
Through: Mr. Rohit Tyagi, Advocate
versus
THE STATE (NCT OF DELHI) & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with ASI Asmita
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A. 33421/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 3986/2019 & CRL.M.A. 33420/2019 (Stay)
Quashing of FIR No.222/2016, under Sections 498-A/34 of IPC,
registered at Police Station Najafgarh, Delhi is sought on the basis of
affidavit of 3rd August, 2019 of respondent No. 2.
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 ASI Asmita 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 affidavit of 3rd
August, 2019 and terms thereof have been fully acted upon and she is
happily living with petitioner-husband since September, 2017.
Respondent No. 2 affirms the contents of her affidavit of 3rd August, 2019
supporting this petition and submits that now no dispute with petitioners
survives and to restore cordiality between the parties, 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
₹10,000/- to be deposited by petitioners with Prime Minister's National
Relief Fund within one 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.222/2016, under Sections 498-
A/34 of IPC, registered at Police Station Najafgarh, Delhi and the
proceedings emanating therefrom shall stand quashed.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 14, 2019
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