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Yogesh & Ors. vs State & Anr. on 15 July, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Order: July 15, 2019

+ CRL.M.C. 3338/2019
YOGESH ORS. …..Petitioners
Through: Mr. Rakesh Kumar, Advocate

Versus

STATE ANR. …..Respondents
Through: Mr. Izhar Ahmed, Additional
Public Prosecutor for respondent
No.1-State with ASI Rajbir
Respondent No.2 in person

CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(ORAL)

Quashing of FIR No. 624/2014, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Alipur, Delhi is sought on the basis of
mediated settlement of 19th December, 2017.

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 ASI Rajbir on the basis of identity proof produced
by her.

Respondent No.2, present in the Court, submits that the dispute

Crl.M.C. 3338/2019 Page 1 of 3
between the parties has been amicably resolved in terms of mediated
settlement of 19th December, 2017 and she has received a sum of
₹42,500/- by way of demand draft No. 263890, dated 12 th July, 2019,
drawn on State Bank of India, branch Rohini Court, Delhi from
petitioners. Respondent No.2 affirms the contents of her affidavit of 9th
July, 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. 3338/2019 Page 2 of 3
would be an exercise in futility.

Accordingly, FIR No. 624/2014, under Sections 498A/Section406/Section34 of
IPC, registered at Police Station Alipur, Delhi and the proceedings
emanating therefrom are hereby quashed qua petitioners.

This petition is accordingly disposed of.

(SUNIL GAUR)
JUDGE
JULY 15, 2019
r

Crl.M.C. 3338/2019 Page 3 of 3

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