Delhi High Court
Ajay Kumar Tiwari & Ors. vs State & Anr. on 21 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 21, 2019
+ CRL.M.C. 4081/2019 & CRL.M.A. 33816/2019
AJAY KUMAR TIWARI & ORS. .....Petitioners
Through: Ms. Richa Dhawan, Standing
Counsel (DHCLSC).
Versus
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for State with
ASI Ram Kishan & ASI
Rajvirender.
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 279/2018, under Section 498-A/406/34 of
IPC, registered Police Station Bhalswa Dairy (North West), Delhi is
sought on the basis of Mediated Settlement of 4th February, 2019 reached
between the parties and affidavit of 22nd July, 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 Ram Kishan 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 February, 2019 and terms thereof have been fully acted
upon. Respondent No. 2 affirms the contents of her affidavit of 22nd July,
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. 279/2018, under Section 498-A/406/34
of IPC, registered Police Station Bhalswa Dairy (North West), Delhi and
the proceedings emanating therefrom are hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 21, 2019
p'ma
