Delhi High Court
Jarnail Singh & Ors. vs State & Anr on 31 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 31, 2019
+ CRL.M.C. 3030/2019
JARNAIL SINGH & ORS. .....Petitioners
Through: Mr.Sahil Sharma, Advocate.
Versus
STATE & ANR .....Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for State with SI
Ramesh.
Mr.Pradeep Kumar, Advocate with
respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Crl.M.A.12204/2019
Exemption allowed subject to all just exceptions.
Application is disposed of.
Crl.M.C.3030/2019
Quashing of FIR No. 59/2018, under Sections 498A/406/506/34
IPC, registered at Police Station Nihal Vihar, Delhi is sought on the basis
of affidavit of 25th May, 2019 of respondent No. 2 and on the ground that
the misunderstanding which led to registration of the FIR in question,
now stands cleared between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent Nos. 2, who is present in the Court, is the
complainant of FIR in question and she has been identified to be so, by SI
Ramesh on the basis of identity proof produced by her.
Respondent No. 2 affirms the contents of her affidavit of 25th May,
2019 and submits that the misunderstanding, which led to registration of
the FIR in question, now stands cleared amongst the parties and now, no
grievance against 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."
In the facts and circumstances of this case, I find that continuance
of proceedings arising out of the FIR in question would be an exercise in
futility as the misunderstanding, which led to registration of the FIR in
question, now stands cleared amongst the parties.
Accordingly, this petition is allowed subject to costs of ₹10,000/-
to be deposited by petitioners with Prime Minister's National Relief Fund
within four 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. 59/2018, under Sections 498A/406/506/34
IPC, registered at Police Station Nihal Vihar, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 31, 2019
skb
