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Jasjeet Singh & Ors. vs State & Anr. on 7 August, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 07, 2019

+ CRL.M.C. 3645/2019 CRL.M.A. 32194/2019
JASJEET SINGH ORS. …..Petitioners
Through: Mr. Ravinder Kaur Mr.
Himanshu Bhasin, Advocates.

Versus
STATE ANR. …..Respondents
Through: Mr. Izhar Ahmad Additional
Public Prosecutor for State with
ASI Rajender Singh.
Mr. Pushpreet Singh, Advocate
with Respondent No. 2 in person.

CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)
Quashing of FIR No. 140/2017, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Tilak Nagar, Delhi is sought on the basis
of Settlement of 3rd August, 2017 reached between the parties and
affidavit of 24th April, 2019 of respondent No. 2.

Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No. 2, who is present in Court, is the
complainant of FIR in question and she has been identified to be so, by
ASI Rajender Singh, 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 as today, she has received

Crl.M.C. 3645/2019 Page 1 of 3
an amount of ₹50,000/- by way of demand draft bearing No. 010565,
dated 28th May, 2019 drawn on HDFC Bank, Branch Vikas Puri G-Block,
Delhi. Respondent No. 2 affirms the contents of her affidavit of 24th April,
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 would be an
exercise in futility.

Crl.M.C. 3645/2019 Page 2 of 3

Consequentially, FIR No. 140/2017, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Tilak Nagar, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.

This petition and application are accordingly disposed of.
Dasti.

(SUNIL GAUR)
JUDGE
AUGUST 07, 2019
p’ma

Crl.M.C. 3645/2019 Page 3 of 3

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