Delhi High Court
Lavkush & Ors. vs The State & Ors. on 31 May, 2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 31, 2019
+ CRL.M.C. 3085/2019 & Crl.M.A. 12431/2019
LAVKUSH & ORS. ..... Petitioners
Through: Mr. S.C.Chaudhary & Mr. Bipin
Kumar Jha, Advocates with
petitioners in person
Versus
THE STATE & ORS. ..... Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for respondent No.1-
State with Inspector Sushil Kumar
Respondents No.2 & 3 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
Quashing of FIR No. 152/2015, under Sections 323/354-A/509/34
IPC, registered at Police Station Aman Vihar, Delhi is sought on the basis
of affidavits of 28th May, 2019 of respondents No.2 and 3 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 respondents No. 2 and 3 present in the Court, are the
complainant party of FIR in question and they have been identified to be
so, by Inspector Sushil Kumar, on the basis of identity proof produced by
them.
Respondents No. 2 and 3 present in the Court, submit that the
misunderstanding, which led to registration of the FIR in question, now
stands cleared between the parties and now, no grievance against
petitioners survives and so, to restore cordiality between the parties, who
are neighbours, 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 between the parties.
Accordingly, FIR No. 152/2015, under Sections 323/354-A/509/34
IPC, registered at Police Station Aman Vihar, Delhi and the proceedings
emanating therefrom are quashed qua petitioners.
This petition and application are accordingly disposed of.
(SUNIL GAUR)
JUDGE
MAY 31, 2019
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