Munna Lal & Ors vs State & Ors

Quashing of FIR No. 471/2014 under Sections 354/323/308/34 of IPC, registered at Police Station Vasant Kunj North, Delhi is sought on the basis of

affidavits of 29th April, 2019 of respondent Nos. 2 to 5 and on the ground that the misunderstanding which led to registration of the FIR in question,

now stands cleared amongst the parties.

Upon notice, learned Additional Public Prosecutor for respondent-State submits that respondent Nos. 2 to 5 present in the Court, are the

complainants/first-informants of FIR in question and they have been identified to be so, by SI Hemant, on the basis of identity proof produced by them.

Respondent Nos. 2 to 5 present in the Court, affirm the contents of their affidavits of 29th April, 2019 and submit that the misunderstanding, which

led to registration of the FIR in question, now stands cleared amongst the parties and now, no grievance against petitioners survives and so, to

restore cordiality amongst the parties, who are related to each other, 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€​

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.

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 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. 471/2014 under Sections 354/323/308/34 of IPC, registered at Police Station Vasant Kunj North, Delhi and the proceedings

emanating therefrom shall stand quashed qua petitioners.

This petition and application are accordingly disposed of.

Dasti