Delhi High Court
Kanchan Bhattacharya And Ors vs State (Nct Of Delhi) & Anr on 18 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 18, 2019
+ CRL.M.C. 1440/2019 & CRL.M.A. 5758/2019
KANCHAN BHATTACHARYA AND ORS .....Petitioners
Through: Mr. Dhananjai Rana, Advocate
Versus
STATE (NCT OF DELHI) & ANR .....Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosectuor with SI Sonu
Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A. 5758A /2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 1440/2019 & CRL.M.A. 5758/2019
Quashing of FIR No. 723/2016, under Sections 498-A/406/34 of
IPC, registered at police station Seemapuri, Delhi is sought on the basis
of Memorandum of Understanding cum Settlement of 27th February, 2018
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 Sonu 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 cum Settlement of 27th February, 2018
and terms thereof, have been fully acted upon. Respondent No. 2 affirms
the contents of her affidavit of 28th 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:-
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 petitioners with Prime Minister's National Relief Fund
within a week 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. 723/2016, under Sections 498-A/406/34 of
IPC, registered at police station Seemapuri, Delhi and the proceedings
emanating therefrom shall stand quashed.
This petition and the application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 18, 2019
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