Amit Kumar Soni & ORS v. State Of Of NCT Of Delhi & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 01, 2019 + AMIT KUMAR SONI & ORS .....Petitioners Through:

Mr. Shubham Singh, Advocate.

Versus

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

Mr. M.P. Singh, Additional Public Prosecutor for State with SI Pradeep Kumar.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) Quashing of FIR No. 483/2018, under Sections 498-A/406/34 of IPC, registered at police station Model Town, North West, New Delhi is sought on the basis of settlement of 23rd December, 2018 reached between the parties.

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 Pradeep Kumar on the basis of identity proof produced by her.

Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesaid settlement of 23rd December, 2018 and terms thereof have been fully acted upon and that she is living together happily with petitioner-husband since December, 2018. Respondent No. 2 affirms the contents of her affidavit of 28th March, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, to restore cordiality between the parties, 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, this petition is allowed subject to costs of ₹20,000/- to be deposited by petitioners with Prime Minister's National Relief Fund within a 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. 483/2018, under Sections 498-A/406/34 of IPC, registered at police station Model Town, North West, New Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.

This petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE APRIL 01, 2019 p'ma