Sh. Sunil Kumar @ Bittu & ORS v. State & ANR.
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 09, 2019 + CRL.M.C. 1907/2019 & CRL.M.A. 7565/2019 SH. SUNIL KUMAR @ BITTU & ORS .....Petitioners Through:
Mr. Manish Kumar, Advocate.
Versus
STATE & ANR.
.....Respondents Through:
Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Kunal Kumar.
Mr. Sunil Dalal & Mr. Jaskaran Singh, Advocates with Respondent No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
(ORAL) Quashing of FIR No. 38/2017, under Sections 498-A/406/34 of IPC, registered at Police Station Bindapur, New Delhi is sought on the basis of Settlement of 2nd November, 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 Kunal 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 2nd November, 2018 and terms thereof have been fully acted upon as today, she has received an amount of ₹1,51,000/- by way of demand draft bearing No. 012681 dated 14th March, 2019 drawn on HDFC Bank, Branch Narela, Delhi and that divorce by mutual consent has been already granted by the family court on 16th February, 2019. Respondent No.2 affirms the contents of her affidavit of 1st April, 2019 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 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.
therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.
Accordingly, this petition is allowed subject to costs of ₹30,000/- to be deposited by petitioners with Prime Minister's National Relief Fund within four 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. 38/2017, under Sections 498-A/406/34 of IPC, registered at Police Station Bindapur, New Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners. This petition and application are accordingly disposed of. Dasti.
(SUNIL GAUR) JUDGE APRIL 09, 2019 p'ma