Delhi High Court
Sunil Kumar & Ors. vs State (Nct Of Delhi) & Anr. on 31 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 31, 2019
+ CRL.M.C. 3073/2019 & Crl.M.A. 12369/2019
SUNIL KUMAR & ORS. ..... Petitioners
Through: Mr. Arvind Gaur, Mr. Sabyasachi
Mishra and Mr. Amit Garg,
Advocates.
Versus
STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with ASI Suresh
Kumar.
Ms. Mukta Gaur, Advocate with
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 34/2002, under Sections 498A/406/34 IPC,
registered at Police Station New Ushmanpur, Delhi is sought on the basis
of affidavit of 30th March, 2019 of respondent No 2.
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
ASI Suresh Kumar, on the basis of identity proof produced by her.
Respondent No. 2 submits that the dispute between the parties has
been amicably resolved and today, she has received amount of
₹1,00,000/- from petitioners and that divorce by mutual consent has been
granted by the Family Court on 10th July, 2018. She affirms the contents
of her affidavit of 30th March, 2019 supporting this petition and submits
that 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. 34/2002, under Sections 498A/406/34 IPC,
registered at Police Station New Ushmanpur, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MAY 31, 2019
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