Delhi High Court
Jatin Dhawan & Ors. vs State & Anr. on 24 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 24, 2019
+ CRL.M.C. 2805/2019 & Crl.M.A. 11292/2019
JATIN DHAWAN & ORS. ..... Petitioners
Through: Mr. Kanishka Kharbanda,
Advocate.
Versus
STATE & ANR. ..... Respondents
Through: Mr. M.S.Oberoi, Additional Public
Prosecutor for respondent No.1-
State with SI Rajbir Singh
Mr. Mukesh Kumar Verma,
Advocate with respondent No.2 in
person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No.336/2016, under Sections 406/498-A/34 of
IPC, registered at Police Station Geeta Colony, Delhi is sought on the
basis of mediated settlement of 6th October, 2018 and affidavit of 7th 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 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 in terms of mediated
settlement of 6th October, 2018 and today, she has received amount of
₹2,00,000/- by way of demand draft bearing No. 352157 dated 8th May,
2019, drawn on Bank of India from petitioners. She affirms the contents
of her affidavit of 7th May, 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, FIR No.336/2016, under Sections 406/498-A/34 of
IPC, registered at Police Station Geeta Colony, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
MAY 24, 2019
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