Delhi High Court
Amit Khattar & Ors. vs State & Anr. on 11 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 11, 2019
+ CRL.M.C. 1308/2019 & Crl.M.A. 5188/2019
AMIT KHATTAR & ORS. ..... Petitioners
Through: Mr. Vijay Malhotra, Advocate
Versus
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent-
State with SI Mohd. Kafeel
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 214/2016, under Sections 498-A/406/34 IPC,
registered at police station Mukherjee Nagar, Delhi is sought on the basis
of joint statement of parties recorded before the trial court on 19th
January, 2019.
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 Mohd. Kafeel 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 joint
statement of parties recorded before the trial court. Respondent No.2
submits that in terms thereof, she has today received a sum of ₹2,00,000/-
by way of demand draft No.057204, dated 7th March, 2019, drawn on
Union Bank, Dwarka Branch, New Delhi. She submits that another sum
of ₹2,00,000/- deposited by petitioner with the Registrar General of this
Court in pursuance to order of 28th February, 2018 in Bail Appln.
2021/2016, Amit Khattar vs. State (Govt. of NCT of Delhi) is to be
released to her.
Counsel for petitioner on instructions submits that petitioner has no
objection if the amount of ₹2,00,000/- deposited by petitioner with the
Registrar General of this Court is released to second respondent.
Respondent No.2 affirms the contents of her affidavit of 15th
February, 2019 filed in support of this petition 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:-
16.7. 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, subject to costs of `10,000/- deposited by petitioner
with Prime Minister's National Relief Fund within two weeks from today
and upon placing on record the proof of deposit of costs within a week
thereafter and handing over its copy to the Investigating Officer and
release of ₹2,00,000/- deposited by petitioner with the Registrar General
of this Court in pursuance to order of 28th February, 2018 in Bail Appln.
2021/2016, Amit Khattar vs. State (Govt. of NCT of Delhi) along with
interest accrued thereupon, FIR No. 214/2016, under Sections 498-
A/406/34 IPC, registered at police station Mukherjee Nagar, Delhi and
the proceedings emanating therefrom shall stand quashed.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 11, 2019
r
