Delhi High Court
Abhinav Bansal & Anr vs State (Nct Of Delhi) & Anr on 23 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 23, 2019
+ CRL.M.C. 2766/2019
ABHINAV BANSAL & ANR .....Petitioners
Through: Mr. K.C. Jain, Advocate.
Versus
STATE (NCT OF DELHI) & ANR .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for State with SI
Pankaj Kumar.
Mr. K.S. Kashyap, Advocate with
Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.132/2015, under Sections 498-A/406/34 of
IPC, registered at Police Station Sabzi Mandi, Delhi is sought on the basis
of mediated settlement of 14th August, 2018 and affidavit of 20th May,
2019 of second respondent.
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 SI
Pankaj 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 ₹3,50,000/- by way of demand draft bearing No. 972767 dated
20th May, 2019 drawn on State Bank of India, CP Centre Branch, New
Delhi from petitioners. She affirms the contents of her aforesaid affidavit
of 20th 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, 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.132/2015, under Sections 498-A/406/34 of
IPC, registered at Police Station Sabzi Mandi, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 23, 2019
p'ma
