Delhi High Court
Bablu Rai 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. 4115/2019
BABLU RAI ..... Petitioner
Through: Mr. Pankaj Kumar, Advocate.
Versus
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with SI Lalit Kumar
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 787/2015, under Sections 323/354/506 IPC,
registered at police station Preet Vihar, Delhi is sought on the basis of
affidavit of 19th August, 2019 of respondent No. 2 and on the ground that
the misunderstanding which led to registration of the FIR in question,
now stands cleared between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No. 2, who is present in Court, is the
complainants of FIR in question and she has been identified to be so, by
SI Lalit Kumar, on the basis of identity proof produced by her.
Respondent No. 2, present in the Court submits that the
misunderstanding between the parties has been amicably resolved. She
affirms the contents of her affidavit of 19th August, 2019 and submits that
the misunderstanding, which led to registration of the FIR in question,
now stands cleared between the parties and now, no grievance against
petitioner 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."
In the facts and circumstances of this case, I find that continuance
of proceedings arising out of the FIR in question would be an exercise in
futility as the misunderstanding, which led to registration of the FIR in
question, now stands cleared between the parties.
Consequentially, FIR No. 787/2015, under Sections 323/354/506
IPC, registered at police station Preet Vihar, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioner.
This petition is accordingly disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 22, 2019
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