Delhi High Court
Rajan Kumar Anand & Anr. vs State & Anr. on 20 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 20, 2019
+ CRL.M.C. 3684/2019
RAJAN KUMAR ANAND & ANR. .....Petitioners
Through: Mr. Sumesh Gandhi, Advocate
versus
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor with SI Nasib
Singh
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A.32314/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 3684/2019
Quashing of FIR No.270/2015 under Sections 420/384/406/506/34
of IPC, registered at Police Station Inderpuri, New Delhi is sought on the
basis of Mediated Settlement of 7th June, 2019 and affidavit of 29th July,
2019 of respondent No. 2 and on the ground that the disputes which led to
registration of the FIR in question, now stands settled between the parties.
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 Nasib Singh, 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 and the mediated
settlement has been fully acted upon and there was no dishonest
inducement or pressure on her. She affirms the contents of her aforesaid
affidavit of 29th July, 2019 supporting this petition and submits that the
disputes, which led to registration of the FIR in question, now stands
settled amongst the parties and now, no grievance against 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 the FIR in question has been amicable
resolved amongst the parties and the ingredients of offence under Section
384 of IPC are lacking, therefore, continuance of proceedings arising out
of the FIR in question would be an exercise in futility.
Accordingly, this petition is allowed subject to costs of ₹10,000/-
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.270/2015 under Sections
420/384/406/506/34 of IPC, registered at Police Station Inderpuri, New
Delhi and the proceedings emanating therefrom shall stand quashed qua
petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
AUGUST 20, 2019
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