Delhi High Court
Sushil Kumar & Ors. vs State Of Nct Of Dlehi & Anr. on 27 March, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 27, 2019
+ CRL.M.C. 1600/2019 & Crl.M.As. 6395-96/2019
SUSHIL KUMAR & ORS. ..... Petitioners
Through: Mr. Yogeshwar Gaur, Advocate
versus
STATE OF NCT OF DLEHI & ANR. ..... Respondents
Through: Mr.Mukesh Kumar, Additional
Public Prosecutor for respondent
No.1-State with SI Karan Pal
Mr. Vikas Dahiya, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 105/2017, under Sections 498-A/406/34 of
IPC, registered at police station Hauz Khas, New Delhi is sought on the
basis of mediated settlement of 18th January, 2018 (Annexure P-3) and
affidavit of 28th February, 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 with SI Karan Pal 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 as today, she has received
amount of ₹50,000/- by way of demand draft bearing No.305398, dated
26th November, 2018 drawn on Central Bank of India, Branch Angel
Public School, Delhi from petitioners. Respondent No.2 affirms the
contents of mediated settlement of 18th January, 2018 (Annexure P-3) and
her affidavit of 28th February, 2019 supporting 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, FIR No. 105/2017, under Sections 498-A/406/34 of
IPC, registered at police station Hauz Khas, New Delhi and the
proceedings emanating therefrom are hereby quashed qua petitioners.
This petition and applications are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 27, 2019
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