Delhi High Court
Mohit Singh & Ors vs State Nct Of Delhi & Anr. on 25 February, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: February 25, 2019
+ CRL.M.C. 1049/2019
MOHIT SINGH & ORS .....Petitioners
Through: Mr. Amit Kr. Gahlot, Advocate
versus
STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr.M.S. Oberoi, Additional Public
Prosecutor with SI Rahul Kumar
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A.4207/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 1049/2019
Quashing of FIR No. 702/2016, under Sections 498-A/406/34 of
IPC, registered at police station Shakarpur, Delhi is sought on the basis of
Mediated Settlement of 9th February, 2018.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No.2, present in the Court, is
complainant/first-informant of the FIR in question and she has been
identified to be so, by SI Rahul Kumar 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 she is happily living
with petitioner-husband. Respondent No.2 affirms the contents of the
aforesaid Mediated Settlement of 9th February, 2018 supporting this
petition and submits that she is happily living with petitioner-husband
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 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 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.
Accordingly, 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. 702/2016, under Sections 498-A/406/34 of
IPC, registered at police station Shakarpur, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners. However, it is
made clear that if the marriage of respondent No.2 with petitioner-
husband again runs into rough weather, then this order will not stand in
her way to have recourse to law.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
FEBRUARY 25, 2019
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