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Judgment
CRL. M. A. 10515/2019
For the reasons stated in the application, delay of 37 days in re-filing the accompanying petition is condoned.
This application is accordingly disposed of.
CRL.M.C. 2626/2019
Quashing of FIR No. 0567/2015, under Sections 498-A/406/34 of IPC, registered at Police Station Anand Parbat, New Delhi is sought on the basis of
settlement arrived at between the parties.
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 ASI Rajesh 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 and she is living together happily with
petitioner-husband for the last one and half year and 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, this petition is allowed and FIR No. 0567/2015 under Sections 498-A/406/34 of IPC, registered at Police Station Anand Parbat, Â New
Delhi and the proceedings emanating therefrom are hereby quashed qua petitioners.
This petition is accordingly disposed of.
Dasti.