Delhi High Court
Devender Singh Thakur And Ors. vs The State (Gnct Of Delhi) & Anr. on 16 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 16, 2019
+ CRL.M.C. 2626/2019
DEVENDER SINGH THAKUR AND ORS. ..... Petitioners
Through: Mr. Shyamalima Borah, Advocate.
Versus
THE STATE (GNCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor with ASI Rajesh
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
CRL. M. A. 10515/2019
For the reasons stated in the application, delay of 37 days in re-
filing the accompanying petition is condoned.
This application is accordingly disposed of.
CRL.M.C. 2626/2019
Quashing of FIR No. 0567/2015, under Sections 498-A/406/34 of
IPC, registered at Police Station Anand Parbat, New Delhi is sought on
the basis of settlement arrived at between the parties.
Upon notice, learned Additional Public Prosecutor for respondent
No.1-State submits that respondent No.2, present in the Court, is the
complainant of FIR in question and she has been identified to be so, by
ASI Rajesh 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 and she is living together
happily with petitioner-husband for the last one and half year and 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 and FIR No. 0567/2015 under
Sections 498-A/406/34 of IPC, registered at Police Station Anand Parbat,
New Delhi and the proceedings emanating therefrom are hereby quashed
qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 16, 2019
amit
