Delhi High Court
Mukesh & Ors. vs State & Anr. on 22 August, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 22, 2019
+ CRL.M.C. 4091/2019 & Crl.M.A. 33892-93/2019
MUKESH & ORS. ..... Petitioners
Through: Ms. Radha Parihar, Advocate.
Versus
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with ASI Mandeep.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 46/2008, under Section 498-A/406/34 of IPC,
registered Police Station Karawal Nagar, Delhi is sought on the basis of
Mediated Settlement of 8th June, 2010 reached between the parties and
affidavit of 23rd April, 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 Mandeep 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 8th June, 2010 and terms thereof have been fully acted upon
as today she has received balance settled amount of ₹65,000/- in cash
from petitioners. Respondent No. 2 affirms the contents of her affidavit of
23rd April, 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. 46/2008, under Section 498-A/406/34 of
IPC, registered Police Station Karawal Nagar, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.
This petition and applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 22, 2019
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