Farhan Khan & Ors vs State Of Nct Of Delhi & Anr
2019 Latest Caselaw 1721 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                            Date of Order: March 27, 2019

+     CRL.M.C. 1621/2019 & CRL.M.A. 6492/2019
      FARHAN KHAN & ORS                                   .....Petitioners
                          Through:     Mr. Abdul and Mr. Kapil Kaushik,
                                       Advocates.


                          Versus
      STATE OF NCT OF DELHI & ANR                         .....Respondents
                          Through:     Mr. Izhar Ahmad, Additional
                                       Public Prosecutor for State with SI
                                       Naeem Ali.
                                       Mr. K.K. Prasad, Advocate with
                                       Respondent No. 2 in person.
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          ORDER

(ORAL) Quashing of FIR No. 1753/2014, under Sections 498-A/406/34 of IPC, registered at police station Bhajan Pura, Delhi is sought on the basis of Memorandum of Understanding of 11th February, 2019 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 Naeem Ali 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 of 11th February, 2019 and terms thereof have been fully acted upon. Respondent No.2 affirms the contents 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 ₹25,000/- to be deposited by petitioners 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. 1753/2014, under Sections 498-A/406/34 of IPC, registered at police station Bhajan Pura, Delhi and the proceedings emanating therefrom shall stand quashed.

This petition and application are accordingly disposed of. Dasti.

(SUNIL GAUR) JUDGE MARCH 27, 2019 p'ma