Delhi High Court
Ashok Kumar & Ors vs The State (Gnct), Delhi & Anr on 10 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 10, 2019
+ CRL.M.C. 2532/2019
ASHOK KUMAR & ORS .....Petitioners
Through: Mr. Vineet Mehta, Advocate.
Versus
THE STATE (GNCT), DELHI & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State SI Puspendra.
Mr. Sudhir Pal Singh, Advocate
with respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL.M.A.10114 /2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 2532/2019
Quashing of FIR No.1076/2015, under Sections 406/498-A/34 of
IPC, registered at Police Station Ambedkar Nagar, Delhi is sought on the
basis of affidavit of 8th 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 SI Puspendra 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 ₹75,000/- by way of demand draft bearing No.
504887 dated 11th March, 2019 drawn on State Bank of India, Jahangir
Puri Branch, Delhi from petitioners. She affirms the contents of her
aforesaid affidavit of 8th April, 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 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.1076/2015, under Sections 406/498-A/34
of IPC, registered at Police Station Ambedkar Nagar, Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 10, 2019
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