Delhi High Court
Kaushal Kumar Narula & Anr vs The State & Anr. on 31 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 31, 2019
+ CRL.M.C. 3061/2019
KAUSHAL KUMAR NARULA & ANR .....Petitioners
Through: Mr.V.V.R.Rao, Advocate
Versus
THE STATE & ANR. ....Respondents
Through: Mr.Izhar Ahmed, Additional
Public Prosecutor for State with
ASI Vijay Pal Singh
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Crl.M.A.12306/2019
Exemption allowed subject to all just exceptions.
Application is disposed of.
Crl.M.A.12307/2019
There is a delay of 33 days in re-filing the petition.
For the reasons stated in the application, the delay of 33 days in re-
filing the petition is condoned
Application is disposed of.
CRL.M.C. 3061/2019
1. Quashing of FIR No.36/2008, under Sections 498-A/406/34 of
IPC, registered at police station CAW Cell, Nanak Pura, Delhi is sought
on the basis of Mediated Settlement of 22nd January, 2018 (Annexure C).
2. Upon notice, Izhar Ahmed, learned Additional Public Prosecutor
for respondent-State submits that respondent No.2, present in the Court,
is complainant of the FIR in question and she has been identified to be so,
by ASI Vijay Pal Singh, on the basis of identity proof produced by her.
3. Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid Mediated
Settlement of 22nd January, 2018 (Annexure C) and terms thereof have
been fully acted upon as today, she has received the balance settled
amount of `2,00,000/- by way Banker's Cheque No.811191 dated 24th
April, 2019 drawn on Corporation Bank, Sikanderpur Branch, Delhi.
Respondent No.2 affirms the contents of aforesaid Mediated Settlement
of 22nd January, 2018 (Annexure C) and of her affidavit of 27th March,
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.
4. 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 complaint, 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."
5. 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.
6. Accordingly, FIR No.36/2008, under Sections 498-A/406/34 of
IPC, registered at police station CAW Cell, Nanak Pura, Delhi and the
proceedings emanating therefrom shall stand quashed qua petitioners.
7. It is made clear that if for any reason the Banker's Cheque handed
over to respondent No.2 is not honoured, then petitioner-husband shall
get it replaced within a week. If it is not so done, then second respondent
will get this order revoked.
8. This petition is accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 31, 2019
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