Delhi High Court
Jamal Malik @ Jamal Baba vs State & Anr. on 14 January, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: January 14, 2019
+ CRL.M.C. 129/2019 & Crl.M.A. 598/2019
JAMAL MALIK @ JAMAL BABA ..... Petitioner
Through: Mr. Sher Singh, Advocate
Versus
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent-State with SI
Surender Singh
Mr. Manmohan Goyal, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.376/2013, under Sections 498-A/406/34 of
IPC, registered at police station Tilak Nagar, Delhi is sought on the basis
of Settlement of 26th November, 2014 arrived at Family Court, Tis Hazari
Courts, Delhi (Annexure -9).
Notice.
Mr. Izhar Ahmed, learned Additional Public Prosecutor for
respondent-State accepts notice and 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 Surender Singh on the basis of identity
proof produced by her as well as by her counsel.
Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide Settlement of 26th
November, 2014 (Annexure-9) and terms thereof have been fully acted
upon, as today she has received the balance amount of ₹50,000/- in cash.
Respondents No.2 affirms the contents of her affidavit of 7th January,
2019 filed in support of this petition and submits that subject to petitioner
not claiming custody and visitation rights in respect of child of the
parties, she has no objection to quashing of FIR in question.
Learned counsel for petitioner submits that petitioner will not
claiming custody/visitation rights in respect of child of the parties.
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. The broad principles which emerge from the precedents on
the subject, may be summarised in the following propositions:
16.1. Section 482 preserves the inherent powers of the High Court
to prevent an abuse of the process of any court or to secure the
ends of justice. The provision does not confer new powers. It only
recognises and preserves powers which inhere in the High Court.
16.2. The invocation of the jurisdiction of the High Court to quash
a first information report or a criminal proceeding on the ground
that a settlement has been arrived at between the offender and the
victim is not the same as the invocation of jurisdiction for the
purpose of compounding an offence. While compounding an
offence, the power of the court is governed by the provisions of
Section 320 of the Code of Criminal Procedure, 1973. The power
to quash under Section 482 is attracted even if the offence is non-
compoundable.
16.3. In forming an opinion whether a criminal proceeding or
complaint should be quashed in exercise of its jurisdiction under
Section 482, the High Court must evaluate whether the ends of
justice would justify the exercise of the inherent power.
16.4. While the inherent power of the High Court has a wide ambit
and plenitude it has to be exercised (i) to secure the ends of
justice, or (ii) to prevent an abuse of the process of any court.
16.5. The decision as to whether a complaint or first information
report should be quashed on the ground that the offender and
victim have settled the dispute, revolves ultimately on the facts and
circumstances of each case and no exhaustive elaboration of
principles can be formulated.
16.6. In the exercise of the power under Section 482 and while
dealing with a plea that the dispute has been settled, the High
Court must have due regard to the nature and gravity of the
offence. Heinous and serious offences involving mental depravity
or offences such as murder, rape and dacoity cannot
appropriately be quashed though the victim or the family of the
victim have settled the dispute. Such offences are, truly speaking,
not private in nature but have a serious impact upon society. The
decision to continue with the trial in such cases is founded on the
overriding element of public interest in punishing persons for
serious offences.
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; and
16.10. There is yet an exception to the principle set out in
propositions 16.8. and 16.9. above. Economic offences involving
the financial and economic well-being of the State have
implications which lie beyond the domain of a mere dispute
between private disputants. The High Court would be justified in
declining to quash where the offender is involved in an activity
akin to a financial or economic fraud or misdemeanour. The
consequences of the act complained of upon the financial or
economic system will weigh in the balance."
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 cost of `50,000/- to
be deposited by petitioners with Prime Minister's National Relief Fund
within four weeks from today and upon placing on record the receipt of
deposit of cost within two weeks thereafter, FIR No.376/2013, under
Sections 498-A/406/34 of IPC, registered at police station Tilak Nagar,
Delhi and the proceedings emanating therefrom shall stand quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
JANUARY 14, 2019
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