Aman Kumar & Ors. vs The State Of Nct Of Delhi & Anr.
2019 Latest Caselaw 2772 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              Date of Order: May 28, 2019
+     CRL.M.C. 2917/2019
      AMAN KUMAR & ORS.                                     ..... Petitioners
                  Through:             Mr.Umesh Mishra,
                                       Advocate with petitioners in
                                       person.
                          Versus

    THE STATE OF NCT OF DELHI & ANR.       ..... Respondents
                  Through: Dr.M.P.Singh, Additional Public
                           Prosecutor for State with SI Sunil
                           Kumar.
                           Ms.Ritu Kumari, Advocate with
                           respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
                          ORDER

(ORAL) Crl. M.A.11771/2019 (Exemption) Exemption allowed subject to all just exceptions. Application is disposed of.

CRL.M.C. 2917/2019

Quashing of FIR No.47/2017, under Sections 498-A/406/34 of IPC, registered at Police Station Patel Nagar, Delhi, is sought on the basis of Joint Statement of parties of 14th December, 2018 and affidavit of respondent No.2 of 23rd May, 2019.

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 Sunil 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 per Joint Statement of parties of 14th December, 2018 and 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 two weeks 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.47/2017, under Sections 498-A/406/34 of IPC, registered at Police Station Patel Nagar, Delhi, and the proceedings emanating therefrom shall stand quashed qua petitioners.

This petition is accordingly disposed of. Dasti.

(SUNIL GAUR) JUDGE MAY 28, 2019 skb