Judgment:
* IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 3847/2019 Date of Order: August 05, 2019 FRANCIS BIZIRA & ORS. .....Petitioners Through: Ms. Dalveer Kaur and Mr. Ashish Singh, Advocates versus THE STATE, GOVT. OF NCT OF DELHI & ANR. Through: Mr. Izhar Ahmad, Additional .....Respondents Public Prosecutor for respondent- State with W/ASI Minu Mr. Surendra, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR + ORDER
(ORAL) CRL.M.A. 32835/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 3847/2019 Quashing of FIR No.312/2017, under Sections 498A/4
of IPC, registered at Police Station Uttam Nagar, Delhi is sought on the basis of mediated settlement of 22nd December, 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 W/ASI Minu on the basis of identity proof CRL.M.C. 3847/2019 Page 1 of 3 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 22nd December, 2018 and terms thereof have been fully acted upon. Respondent No.2 affirms the contents of her affidavit of 1st August, 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 SCC641has 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.” 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 CRL.M.C. 3847/2019 Page 2 of 3 would be an exercise in futility. Consequentially, this petition is allowed subject to costs of ₹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.312/2017, under Sections 498A/4
of IPC, registered at Police Station Uttam Nagar, Delhi and the proceedings emanating therefrom shall stand quashed. This petition is accordingly disposed of. Dasti. (SUNIL GAUR) JUDGE AUGUST05 2019 v CRL.M.C. 3847/2019 Page 3 of 3