Kadam Singh v. State & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 01, 2019 + CRL.M.C. 3748/2019 & CRL.M.A. 32522/2019 KADAM SINGH ..... Petitioner Through:

Mr. Nadeem Abbasi, Advocate.

Versus

STATE & ANR.

.....Respondents Through:

Ms. Neelam Sharma, Additional Public Prosecutor for State with SI Rampal.

Mr. Tarun Goomber, Mr. Gaurav Goswam & Ms. Somya, Advocates with Mr. Montu Bargujar, Authorized Representative of respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) Quashing of FIR No.

192/2014, under Sections 408/406/420/120B/34 of IPC, registered at Police Station Greater Kailash, Delhi is sought on the basis of Memorandum of Understanding of 29th May, 2019 reached between the parties and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties.

Upon notice, learned Additional Public Prosecutor for respondentState submits that Mr. Montu Bargujar, Authorized Representative of respondent No. 2 present in Court, and he has been identified to be so, by

SI Rampal, on the basis of identity proof produced by him. Authorized Representative of respondent No. 2 submits that the misunderstanding between the parties has been amicably resolved vide aforesaid Memorandum of Understanding of 29th May, 2019. He affirms the contents of his affidavit of 29th July, 2019 and submits that the misunderstanding, which led to registration of the FIR in question, now stands cleared between the parties and now, no grievance against petitioner 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." In the facts and circumstances of this case, I find that continuance of proceedings arising out of the FIR in question would be an exercise in

futility as the misunderstanding, which led to registration of the FIR in question, now stands cleared amongst the parties. Consequentially, this petition is allowed subject to costs of ₹10,000/- to be deposited by petitioner 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.

192/2014, under Sections 408/406/420/120B/34 of IPC, registered at Police Station Greater Kailash, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioner.

This petition and application are accordingly disposed of. Dasti.

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