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Francis Bizira & Ors. vs The State, Govt. Of Nct Of Delhi & … on 5 August, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 05, 2019
+ CRL.M.C. 3847/2019
FRANCIS BIZIRA ORS. …..Petitioners
Through: Ms. Dalveer Kaur and Mr. Ashish
Singh, Advocates

versus

THE STATE, GOVT. OF NCT OF DELHI ANR.
…..Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for respondent-
State with W/ASI Minu
Mr. Surendra, Advocate with
respondent No. 2 in person
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)
CRL.M.A. 32835/2019 (Exemption)
Allowed subject to all just exceptions.

CRL.M.C. 3847/2019
Quashing of FIR No.312/2017, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Uttam Nagar, Delhi is sought on the
basis of mediated settlement of 22nd December, 2018.

Upon notice, learned Additional Public Prosecutor for respondent
No.1-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 W/ASI Minu on the basis of identity proof

CRL.M.C. 3847/2019 Page 1 of 3
produced by her.

Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved vide aforesaid mediated
settlement of 22nd December, 2018 and terms thereof have been fully
acted upon. Respondent No.2 affirms the contents of her affidavit of 1st
August, 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.

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

CRL.M.C. 3847/2019 Page 2 of 3
would be an exercise in futility.

Consequentially, 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.312/2017, under Sections 498A/Section406/Section34
of IPC, registered at Police Station Uttam Nagar, Delhi and the
proceedings emanating therefrom shall stand quashed.

This petition is accordingly disposed of.
Dasti.

(SUNIL GAUR)
JUDGE
AUGUST 05, 2019
v

CRL.M.C. 3847/2019 Page 3 of 3

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