Amit Roy & ORS. v. State & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 21, 2019 + CRL.M.C. 2715/2019 & CRL.M.As. 10867-10868/2019 AMIT ROY & ORS ..... Petitioners Through:

Mr.Ram Avtar Sharma, Advocate.

Versus

THE STATE (N.C.T OF DELHI) & ANR ..... Respondents Through:

Mr. Izhar Ahmed, Additional Public Prosecutor with SI Pradeep Sharma.

Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) CRL. M. A. 10868/2019 Exemption allowed subject to just all exceptions. Application is disposed of.

Quashing of FIR No.754/2016, under Sections 377/323/498A/506/509/34 of IPC, registered at Police Station Govind Puri, New Delhi is sought on the basis of mediated settlement of 25th April, 2018 (Annexure P-3) and affidavit of 28th March, 2019 of second respondent (Annexure P-4).

Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that respondent No.2, present in the Court, is the

complainant of FIR in question and she has been identified to be so, by SI Pradeep Sharma 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. She affirms the contents of her affidavit of 28th March, 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 would be an exercise in futility.

Accordingly, FIR No.754/2016, under Sections 377/323/498A/506/509/34 of IPC, registered at Police Station Govind Puri, New Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.

This petition and applications are accordingly disposed of. Dasti.

(SUNIL GAUR) JUDGE MAY 21, 2019 skb