Delhi High Court
Mohd.Abdul Qadir vs The State & Anr. on 31 January, 2019
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5677/2018
MOHD. ABDUL QADIR ..... Petitioner
Through: Mr.G.S. Chaturvedi and
Mr.Mukesh Chauhan, Advocates
versus
THE STATR & ANR ..... Respondents
Through: Mr.Izhar Ahmad, APP for State.
Mr.R.K.Kasana, Adv. for R2.
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% 31.01.2019
Quashing of FIR No.75/2013, under Sections 498-A/406/34 of
IPC, registered at police station Khajuri Khas, Delhi is sought on the
basis of Mediated Settlement of 10th January, 2018 (Annexure P-3)
arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi.
Upon notice, Mr.Izhar Ahmad, 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 her counsel on the basis of identity proof
produced by her.
Respondent No. 2, present in the Court, submits that in case
petitioners sell the subject property, then they should obtain the
permission of the Court. Learned counsel for petitioners on instructions
submits that it shall be so done.
Respondent No.2, submits that the dispute between the parties has
CRL.M.C. 5677/2018 Page 1
been amicably resolved vide aforesaid Mediated Settlement of 10th
January, 2018 (Annexure P-3) and terms thereof have been fully acted
upon and she affirms the contents of aforesaid Mediated Settlement of
10th January, 2018 (Annexure P-3) 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 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.
CRL.M.C. 5677/2018 Page 2
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."
CRL.M.C. 5677/2018 Page 3
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, FIR No. 75/2013 under Sections 498-A/406/34 of
IPC, registered at Police Station Khajuri Khas, Delhi and the proceedings
emanating therefrom are quashed qua petitioners.
With aforesaid directions, this petition is disposed of.
(SUNIL GAUR)
JUDGE
JANUARY 31, 2019
neelam
CRL.M.C. 5677/2018 Page 4
