Vidya Sagar & Ors vs State & Anr

Sunil Gaur, J

CRL.M.A. 31978/2019 (Exemption)

Allowed subject to all just exceptions.

CRL.M.C. 3594/2019

Quashing of FIR No.248/2013, under Sections 498A/406/34 of IPC, registered at Police Station Najafgarh, Delhi is sought on the basis of mediated

settlement of 27th March, 2019 (Annexure C) and affidavit of 5th July, 2019 of respondent No.2.

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 ASI Tej Ram 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

27th March, 2019 (Annexure C) and terms thereof have been fully acted upon. Respondent No.2 affirms the contents of her affidavit of 5th July, 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 prejudiceâ€​.

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.

Consequentially, this petition is allowed subject to costs of Rs. 10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund

within four 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.248/2013, under Sections 498A/406/34 of IPC, registered at Police Station Najafgarh, Delhi and the proceedings

emanating therefrom shall stand quashed qua petitioners.

This petition is accordingly disposed of.

Dasti.