Sh. Pankaj Gandhi & ANR. v. State & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 03, 2019 + SH. PANKAJ GANDHI & ANR.

.....Petitioners Through:

Mr. M.R. Chanchal, Advocate versus STATE & ANR.

.....Respondents Through:

Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with SI Rahul Kumar Mr. Yogesh Gaur and Mr. Deepak Gautam, Advoctes with respondent No. 2 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) CRL.M.A.7049/2019 (Exemption) Allowed subject to all just exceptions.

Quashing of FIR No.302/2010, under Sections 498-A/406/506/34 of IPC, registered at police station Shakarpur, Delhi is sought on the basis of mediated settlement of 18th November, 2011 (Annexure P 3) 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 Rahul 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 mediated settlement of 18th November, 2011 (Annexure P 3) and terms thereof have been fully acted upon. Respondent No.2 affirms the contents of her affidavit of 18th March, 2019 supporting this petition and submits that now no dispute with petitioners survives and 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 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."

would be an exercise in futility.

Accordingly, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioners with Prime Minister's National Relief Fund within two weeks 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.302/2010, under Sections 498A/406/506/34 of IPC, registered at police station Shakarpur, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners. This petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE APRIL 03, 2019 v