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Fahimuddin & Ors vs Chaman & Anr on 12 March, 2019

Date of Order: March 12, 2019
+ CRL.M.C. 5211/2017 CRL.M.A. 20495/2017
FAHIMUDDIN ORS …..Petitioners
Through: Mr. Vishal Diwedi and Mr. Milan,
CHAMAN ANR …..Respondents
Through: Mr. M.S.Oberoi, Additional Public
Prosecutor for respondent-State
with SI Santosh
Respondent No. 2 in person

Quashing of FIR No.1031/2014, under Sections 498A/406/34 of
IPC, registered at police station New Usmanpur, Delhi is sought on the
basis of Affidavit of 7th November, 2017 of respondent No. 2 reached
between the parties.

Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No.2 present in the Court is the
complainant/first informant of FIR in question and she has been identified
to be so, by SI Santosh 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 vide aforesaid Affidavit
of 7th November, 2017 and terms thereof have been fully acted upon as
today she has received the balanced settled amount of ₹1,10,000 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.

CRL.M.C. 5211/2017 Page 1 of 2

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;”
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, FIR No.1031/2014, under Sections 498A/406/34 of
IPC, registered at police station New Usmanpur, Delhi and the
proceedings emanating therefrom are hereby quashed qua petitioners.

This petition and the application is accordingly disposed of.

MARCH 12, 2019
CRL.M.C. 5211/2017 Page 2 of 2

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