Kamal @ Sachin & Ors vs State & Anr

Sunil Gaur, J

Crl.M.A.12425/2019

Exemption allowed subject to all just exceptions.

Application is disposed of.

CRL.M.C. 3083/2019

Quashing of FIR No.87/2016, under Sections 498-A/406/34 of IPC, registered at police station Binda Pur, Delhi is sought on the basis of Mediated Settlement of 25th April, 2018.

Upon notice, Mr. M.P.Singh, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the Court, is complainant of the FIR in question and she has been identified to be so, by ASI Ram Niwas, 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 25th April, 2018 and terms thereof have been fully acted upon. Respondent No.2 affirms the contents of aforesaid Mediated Settlement of 25th April, 2018 and of her affidavit of 24th May, 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 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. 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, this petition is allowed subject to costs of Rs. 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.87/2016, under Sections 498-A/406/34 of IPC, registered at police station Binda Pur, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.

Dasti.