Delhi High Court
Ashwani Daggar vs State & Anr. on 6 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 06, 2019
+ CRL.M.C. 1233/2019 and CRL.M.A. 4822-4823/2019
ASHWANI DAGGAR ..... Petitioner
Through: Mr. Varun Singh, Mr. Raj Pareek,
Mr. Mohit Kumar Gupta and Mr.
Abhitosh Pratap Singh, Advocates
Versus
STATE & ANR. .....Respondents
Through: Mr. M.P. Singh, Additional Public
Prosecutor for State with SI
Davender
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 42/2013, under Sections 498-A/406/34 of
IPC, registered at police station Chhawala, Delhi is sought on the basis of
Mediated Settlement of 7th September, 2017 (Annexure-B) reached
between the parties.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State, submits that respondent No.2, present in the Court, is the
complainant/ first-informant of FIR in question and she has been
identified to be so, by SI Davender 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, as today she has received
an amount of ₹5,00,000/-by way of demand draft bearing No. 867535,
dated 4th February, 2019, drawn on Punjab National Bank, Dwarka Morh,
Branch, New Delhi from petitioner. She affirms the contents of her
affidavit of 4th October, 2018 filed in support of this petition and submits
that now no dispute with 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 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 petitioner with Prime Minister's National Relief Fund
within two weeks 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. 42/2013, under Sections 498-A/406/34 of
IPC, registered at police station Chhawala, Delhi and the proceedings
emanating therefrom shall stand quashed.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 06, 2019
p'ma
