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Judgment
CRL.M.A. 3808/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 957/2019
Quashing of FIR No. 189/2012, under Sections 498A/406/34 of IPC, registered at Police Station Swaroop Nagar, Delhi is sought on the basis of Affidavit of 26th November, 2018 of respondent No. 2 reached between the parties.
Upon notice, learned Additional Public Prosecutor for respondent-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 Bijender 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 as today, she has received the settled amount of Rs. 2,00,000/- by way of Demand Draft of 28th November, 2018 of State Bank of India, Nangli Sakrawati, Delhi. Respondent No.2 affirms the contents of her affidavit of 26th November, 2018 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 receipt of costs and tendering its copy to the Investigating Officer, FIR No. 189/2012, under Sections 498A/406/34 of IPC, registered at Police Station Swaroop Nagar, Delhi and the proceedings emanating therefrom shall stand quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.