Delhi High Court
Sukhdev Thapliyal & Ors. vs The State (Govt. Of Nct Delhi) & ... on 21 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 21, 2019
+ CRL.M.C. 2728/2019 & Crl.M.A. 10914/2019
SUKHDEV THAPLIYAL & ORS. ..... Petitioners
Through: Mr. Bhuwan Jayant, Advocate
Versus
THE STATE (GOVT. OF NCT DELHI) & ANR. ..... Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for respondent
No.1-State with SI Onkar Singh
Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 141/2013, under Sections 498A/406/34 of
IPC, registered at Police Station Sagar Pur, Delhi is sought on the basis of
mediated settlement of 29th November, 2018 and affidavit of 16th May,
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 Onkar Singh 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 terms of mediated
settlement of 29th November, 2018 have been fully acted upon, as today
she has received amount of ₹95,000/- by way of demand draft bearing No.
617354, dated 13th May, 2019, drawn on Oriental Bank of Commerce,
Branch Burari, Delhi from petitioners. She affirms the contents of her
affidavit of 16th May, 2019 supporting this petition 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, FIR No. 141/2013, under Sections 498A/406/34 of
IPC, registered at Police Station Sagar Pur, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 21, 2019
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