Delhi High Court
Devender Singh & Ors. vs State & Anr. on 20 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 20, 2019
+ CRL.M.C. 1548/2019 & Crl.M.A. 6188/2019
DEVENDER SINGH & ORS. .....Petitioners
Through: Mr. R.N.Sharma, Advocates.
Versus
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with ASI Sunil.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 362/2017, under Sections 498-A/406/34 of
IPC, registered at police station Palam Village, Delhi is sought on the
basis of mediated settlement of 11th January, 2019 (Annexure P/7) and
affidavit of 18th March, 2019 of respondent No.2.
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 ASI Sunil 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 January, 2019 (Annexure P/7) and terms thereof have
been fully acted upon and that she is happily living with petitioner-
husband.
Respondent No.2 affirms the contents of aforesaid mediated
settlement of 11th January, 2019 (Annexure P/7) and of her affidavit of
18th March, 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, this petition is allowed subject to costs of `10,000/-
to be deposited by petitioners with Prime Minister's National Relief Fund
within four weeks from today. Upon placing on record the receipt of
costs, FIR No. 362/2017, under Sections 498-A/406/34 of IPC, registered
at police station Palam Village, Delhi and the proceedings emanating
therefrom shall stand quashed qua petitioners. However, it is made clear
that if the marriage of respondent No.2 with petitioner-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.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 20, 2019
r
