* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: July 22, 2019
+ CRL.M.C. 3494/2019 Crl.M.A. 31571/2019
NAZIMUDDIN ORS. ….. Petitioners
Through: Mr. R.N.Dubey, Advocate.
STATE ANR. ….. Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent-
State with SI Akhilesh Sharma
Respondent No.2 in person.
HON’BLE MR. JUSTICE SUNIL GAUR
Quashing of FIR No. 145/2016, under Sections 498A/Section406/Section34 of
IPC and Section 4 of Dowry Prohibition Act,1961 registered at Police
Station Welcome, Delhi is sought on the basis of mediated settlement of
6th September, 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 SI Akhilesh Sharma on the basis of identity proof
produced by her.
Respondent No.2, present in the Court, submits that the dispute
Crl.M.C. 3494/2019 Page 1 of 3
between the parties has been amicably resolved in terms of mediated
settlement of 6th September, 2018 and in terms thereof, today she has
received ₹60,000/- in cash from petitioners. Respondent No.2 affirms the
contents of her affidavit of 18th February, 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
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
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. 3494/2019 Page 2 of 3
Accordingly, FIR No. 145/2016, under Sections 498A/Section406/Section34 of
IPC and Section 4 of Dowry Prohibition Act, 1961 registered at Police
Station Welcome, Delhi and the proceedings emanating therefrom are
hereby quashed qua petitioners.
This petition and application are accordingly disposed of.
JULY 22, 2019
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