Delhi High Court
Dheeraj Gera & Anr. vs State & Ors. on 3 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 03, 2019
+ CRL.M.C. 2377/2019
DHEERAJ GERA & ANR. .....Petitioners
Through: Mr. Jagjit Sahni, Advocate.
Versus
STATE & ORS. .....Respondents
Through: Mr. M.S. Oberoi, Additional
Public Prosecutor for State with SI
Arun Ahlawat.
Mr. Sarthak Katyal, Advocate with
Respondent Nos. 2 & 3 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 203/2017, under Sections 288/304-A/34 of
IPC, registered at Police Station Anand Vihar, Shahdara Delhi is sought
on the basis of affidavits of 1st May, 2019 of respondent Nos. 2 & 3 and
on the ground that the incident in question was purely accidental.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent Nos. 2 & 3 present in the Court, are the
complainants/first-informant of FIR in question and they have been
identified to be so, by SI Arun Ahlawat, on the basis of identity proof
produced by them.
Respondent Nos. 2 & 3 present in the Court, submit that they been
duly compensated and now, no grievance against petitioners survives and
so, to restore cordiality amongst the parties, 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 incident in question was purely accidental and respondent
Nos. 2 & 3 have been duly compensated, therefore, continuance of
proceedings arising out of the FIR in question would be an exercise in
futility as the misunderstanding, which led to registration of the FIR in
question, now stands cleared amongst the parties.
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. 203/2017, under Sections 288/304-A/34 of
IPC, registered at Police Station Anand Vihar, Shahdara Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 03, 2019
p'ma
