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Surendra Kumar & Ors. vs State & Anr on 16 July, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Order: July 16, 2019

+ CRL.M.C. 3360/2019

SURENDRA KUMAR ORS. ….. Petitioners
Through: Ms. Karabi Das, Advocate

Versus

STATE ANR. …..Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for respondent
No.1-State with ASI Rajbir Singh
Mr. Sarvesh, Advocate with
respondent No.2 in person.

CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)

Crl.M.A. 31026/2019
Delay of 175 days in re-filing the accompanying petition is
condoned for the reasons stated in the application.

Application is disposed of.

CRL.M.C. 3360/2019
Quashing of FIR No.83/2012, under Sections 498A/Section406 of IPC,
registered at Police Station Moti Nagar, Delhi is sought on the basis of
mediated settlement of 18th April, 2018 and affidavit of 22nd February,
2019 of respondent No.2/complainant.

Crl.M.C. 3360/2019 Page 1 of 3

Upon notice, learned Additional Public Prosecutor for respondent-
State submits that respondent No. 2, present in Court, is the complainant
of FIR in question and she has been identified to be so, by ASI Rajbir
Singh on the basis of identity proof produced by her.

Respondent No. 2, present in the Court, submits that mediated
settlement of 18th April, 2018 has been fully acted upon and now no
dispute with petitioners survives. She affirms the contents of her affidavit
of 22nd February, 2019 and submits that 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, I find that
continuance of proceedings arising out of the FIR in question would be an
exercise in futility.

Crl.M.C. 3360/2019 Page 2 of 3

Accordingly, this petition is allowed subject to costs of ₹10,000/-
to be deposited by petitioners with Prime Minister’s National Relief Fund
within four 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.83/2012, under Sections 498A/Section406 of IPC,
registered at Police Station Moti Nagar, Delhi and the proceedings
emanating therefrom shall stand quashed qua petitioners.

This petition is accordingly disposed of.
Dasti.

(SUNIL GAUR)
JUDGE
JULY 16, 2019
r

Crl.M.C. 3360/2019 Page 3 of 3

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