Mahesh Kumar & Ors. vs State & Anr.
2019 Latest Caselaw 3372 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Order: July 23, 2019

+      CRL.M.C. 3522/2019 & Crl.M.A. 31688/2019
       MAHESH KUMAR & ORS.                              .....Petitioners
                  Through:            Mr. Raveen K. Kashyap,
                                      Advocate.

                         Versus

       STATE & ANR.                                .....Respondents
                         Through:     Mr. Izhar Ahmed, Additional
                                      Public Prosecutor for respondent
                                      No.1-State wth ASI Rajbir
                                      Respondent No.2 in person.

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

(ORAL)

Quashing of FIR No. 284/2013, under Sections 498-A/406/34 of IPC, registered at police station Burari, Delhi is sought on the basis of Mediated Settlement of 11th March, 2019 (Annexure- C) reached between the parties.

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 ASI Rajbir 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 11th March, 2019 (Annexure- C) and terms thereof have been fully acted upon and that she is happily living with petitioner No.1- husband.

Respondent No.2 affirms the contents of aforesaid Mediated Settlement of 11th March, 2019 (Annexure- C) and of her affidavit of 3rd May, 2019 supporting this petition and submits that now no dispute with petitioners survives 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, FIR No. 284/2013, under Sections 498-A/406/34 of IPC, registered at police station Burari, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners. However, it is made clear that if marriage of respondent No.2 with petitioner No.1- husband again runs into rough weather, then this order will not stand in her way to have recourse to law.

This petition and application are accordingly disposed of.

(SUNIL GAUR) JUDGE JULY 23, 2019 r