Delhi High Court
Irshad & Ors. vs State & Anr. on 13 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 13, 2019
+ CRL.M.C. 1366/2019 and CRL.M.As. 5430-5432/2019
IRSHAD & ORS. .....Petitioners
Through: Mr. Mohd. Atahar Khan, Advocate
Versus
STATE & ANR. .....Respondents
Through: Mr. M.P. Singh, Additional Public
Prosecutor for State
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 30/2016, under Sections 498-A/406/34 of
IPC, registered at police station Jamia Nagar, New Delhi is sought on the
basis of Memorandum of Understanding/Settlement of 25th September,
2017 (Annexure P-3) 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 learned Additional Public Prosecutor 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
Memorandum of Understanding/Settlement of 25th September, 2017
(Annexure P-3) and terms thereof have been fully acted upon.
Respondent No. 2 affirms the contents of her affidavit of 18th December,
2018 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:-
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. 30/2016, under Sections 498-A/406/34 of
IPC, registered at police station Jamia Nagar, New Delhi and the
proceedings emanating therefrom are hereby quashed.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 13, 2019
p'ma
