Nazimuddin & Ors vs State & Anr

Sunil Gaur, J

Quashing of FIR No. 145/2016, under Sections 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act,1961 registered at Police Station

Welcome, Delhi is sought on the basis of mediated settlement of 6th September, 2018.

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 Akhilesh 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 in terms of mediated settlement of 6th

September, 2018 and in terms thereof, today she has received Rs. 60,000/- in cash from petitioners. Respondent No.2 affirms the contents of her

affidavit of 18th February, 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 64 1has 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.â€​

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. 145/2016, under Sections 498A/406/34 of IPC and Section 4 of Dowry Prohibition Act, 1961 registered at Police Station

Welcome, Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.

This petition and application are accordingly disposed of.