Anil Sharma & ORS. v. State Of NCT Of Delhi & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + ANIL SHARMA & ORS.

.....Petitioners Through:

Mr. Mayank Mehandru and Ms. Charu Tandon, Advocates

Versus

STATE OF NCT OF DELHI & ORS .....Respondents Through:

Mr. Izhar Ahmad, Additional Public Prosecutor for respondentState with SI Neeraj Kumar Mr. Wasiq Khan and Mr. Shubham Vishwakarma with respondents in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) CRL.M.A.4270/2019 (Exemption) Allowed subject to all just exceptions.

Quashing of FIR No. 1291/2015, under Sections 420/34/120B of IPC registered at police station Kotla Mubarakpur, Delhi is sought on the basis of Memorandum of Understanding of 30th January, 2019 and on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties.

Upon notice, learned Additional Public Prosecutor for respondentState submits that respondents present in the Court, are complainants/first-informants of the FIR in question and they have been identified to be so, by their counsel as well as by SI Neeraj Kumar on the basis of identity proof produced by them.

Respondents, present in the Court, affirm the contents of aforesaid Memorandum of Understanding of 30th January, 2019 and their affidavits supporting this petition. Respondents submit that the dispute between the parties now stands amicably resolved 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 complaint, 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.

would be an exercise in futility.

Accordingly, FIR No. 1291/2015, under Sections 420/34/120B of IPC registered at police station Kotla Mubarakpur, Delhi and the proceedings emanating therefrom are hereby quashed. This petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE FEBRAURY 25, 2019 v