Delhi High Court
Anil Kumar Verma & Ors. vs Govt Of Nct Of Delhi & Anr. on 2 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 02, 2019
+ CRL.M.C. 2373/2019
ANIL KUMAR VERMA & ORS. ..... Petitioners
Through: Mr. B.N.Sharma & Mr. Kuldeep
Yadav, Advocates
Versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with ASI Sanwal Ram
Ms. Savita, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Crl.M.A. 9431/2019 (u/S 482 Cr.P.C.)
Allowed subject to all just exceptions.
CRL.M.C. 2373/2019
Quashing of FIR No.1171/2016, under Sections 406/498-A/34 of
IPC, registered at Police Station Aman Vihar, outer District Delhi is
sought on the basis of Memorandum of Understanding of 13th March,
2018 and affidavit of 1st 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 ASI Sanwal Ram 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 ₹1,00,000/- by way of demand draft bearing No. 209630 dated
22nd April, 2019, drawn on Sarva Haryana Gramin Bank, Sidhrawali,
Gurgaon from petitioners. She affirms the contents of her affidavit of 1st
February, 2019 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 proceedings, 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 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, of FIR No.1171/2016, under Sections 406/498-
A/34 of IPC, registered at Police Station Aman Vihar, outer District Delhi
and the proceedings emanating therefrom shall stand quashed qua
petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 02, 2019
r
