Nitin Yadav & Ors vs State & Anr
2019 Latest Caselaw 2710 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              Date of Order: May 24, 2019

+     CRL.M.C. 2813/2019 & CRL.M.A. 11337/2019
      NITIN YADAV & ORS                                  .....Petitioners
                         Through:     Mr. Fauzi Sayeed, Advocate


                         Versus
      STATE & ANR                                        .....Respondents
                         Through:     Mr. M.S. Oberoi, Additional
                                      Public Prosecutor for State with
                                      ASI Rajbir Singh.
                                      Respondent No. 2 in person.

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                         ORDER

(ORAL)

Quashing of FIR No.447/2016, under Sections 498-A/406/34 of IPC, registered at Police Station Chhawala (South West District), Delhi is sought on the basis of Settlement of 15th May, 2018 and affidavit of 17th 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 ASI Rajbir 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 vide aforesaid Settlement

of 15th May, 2018 and terms thereof have been fully acted upon. She affirms the contents of her aforesaid affidavit of 17th 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.447/2016, under Sections 498-A/406/34 of IPC, registered at Police Station Chhawala (South West District), Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.

This petition and application are accordingly disposed of. Dasti.

(SUNIL GAUR) JUDGE MAY 24, 2019 p'ma