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Mizul Singh vs State & Anr. on 22 July, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: July 22, 2019

+ CRL.M.C. 3479/2019 Crl.M.A. 31513-14/2019

MIZUL SINGH ….. Petitioner
Through: Mr. Anuj Saini Mr. Praveen
Kumar, Advocates.

Versus

STATE ANR. ….. Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with SI Naveen Kumar.
Respondent No.2 in person.
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)

Quashing of FIR No. 83/2013, under Sections 498A/Section406/
Section343/Section506/Section34 of IPC, registered at Police Station Vikas Puri, New Delhi is
sought on the basis of affidavit of 15th July, 2019 of second respondent.

Petitioners’ counsel has handed over certified copy of the joint
statement of parties recorded on 15th July, 2019 by the matrimonial court
wherein terms of settlement have been recorded.

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 SI Naveen Kumar on the basis of identity proof
produced by her.

Crl.M.C. 3479/2019 Page 1 of 3

Respondent No.2, present in the Court, submits that the dispute
between the parties has been amicably resolved in terms of settlement
recorded in the joint statement of parties on 15 th July, 2019. Respondent
No.2 affirms the contents of her affidavit of 15th July, 2019 supporting
this petition and submits that now no dispute with petitioner 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.

Accordingly, FIR No. 83/2013, under Sections 498A/Section406/
Section343/Section506/Section34 of IPC, registered at Police Station Vikas Puri, New Delhi
Crl.M.C. 3479/2019 Page 2 of 3
and the proceedings emanating therefrom are hereby quashed qua
petitioner.

This petition and applications are accordingly disposed of.

(SUNIL GAUR)
JUDGE
JULY 22, 2019
r

Crl.M.C. 3479/2019 Page 3 of 3

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