Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: March 13, 2019
+ CRL.M.C. 1349/2019 and Crl.M.A. 5393/2019
CHANDAN @ GAURAV JHA ..... Petitioner
Through: Mr. Pradeep Kumar Bhardwaj,
Advocate
Versus
THE STATE OF NCT OF DELHI & ORS .....Respondents
Through: Mr. Izhar Ahmad, Additional
Public Prosecutor for State with
ASI Devinder Singh
Mr. R.K. Shukla, Mr. Mohan
Singh, Advocates with Respondent
No. 2 in person.
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R
(ORAL)
Quashing of FIR No. 876/2016, under Section 354(A) of IPC,
registered at police station Aman Vihar, Delhi is sought on the basis of
th
affidavit of respondent No. 2 of 25 January, 2019 and on the ground that
the misunderstanding which led to registration of the FIR now stands
cleared 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/ first-informant of FIR in question and she has been
CRL.M.C. 1349/2019 Page 1 of 3
identified to be so, by ASI Devinder Singh, on the basis of identity proof
produced by her.
Respondent No. 2, present in the Court, submits that the
misunderstanding, which led to registration of the FIR in question, now
stands cleared between the parties and affirms the contents of aforesaid
th
affidavit of 25 January, 2019. Respondent No.2 submits that now there
is no grievance against petitioner and so, to restore the cordiality between
the parties, who are related to each other, 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;”
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
CRL.M.C. 1349/2019 Page 2 of 3
question, now stands cleared between the parties.
Accordingly, this petition is allowed s ubject to costs of ₹10,000/ -
to be deposited by petitioner with Prime Minister’s National Relief Fund
within a week from today . Upon placing on record the receipt of cost,
FIR No. 876/2016, under Section 354(A) of IPC, registered at police
station Aman Vihar, Delhi shall stand quashed qua petitioners.
This petition and application are accordingly disposed of.
Dasti.
(SUNIL GAUR)
JUDGE
MARCH 13, 2019
p’ma
CRL.M.C. 1349/2019 Page 3 of 3