Delhi High Court
Babita & Anr. vs State on 7 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 07, 2019
+ CRL.M.C. 2482/2019 & Crl.M.A. 9824-25/2019
BABITA & ANR. ..... Petitioners
Through: Ms. Radha Parihar, Advocate
Versus
STATE ..... Respondent
Through: Dr. M.S.Oberoi, Additional Public
Prosecutor for respondent No.1-
State with ASI Suman Kumar
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 291/2013, under Sections 498-A/406/34 of
IPC, registered at Police Station Karawal Nagar, Delhi, is sought on the
basis of affidavit of 29th April, 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 Suman Kumar 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
an amount of ₹1,50,000/- by way of demand draft bearing No. 614081,
dated 6th May, 2019, drawn on Punjab & Sind Bank, Branch Defence
Colony, New Delhi and that divorce by mutual consent has been already
granted by the family court on 23rd August, 2018. Respondent No.2
affirms the contents of her affidavit of 29th April, 2019 and submits that
now no dispute with petitioner 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. 291/2013, under Sections 498-A/406/34 of
IPC, registered at Police Station Karawal Nagar, Delhi, and the
proceedings emanating therefrom are hereby quashed qua petitioners.
This petition and applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
MAY 07, 2019
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