Delhi High Court - Orders
Abdul Rashid @ Pappu Malik & Ors vs The State (Govt Of Nct Of Delhi) & Ors on 2 November, 2023
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8001/2023, CRL.M.A. 29841/2023
ABDUL RASHID @ PAPPU MALIK & ORS. ..... Petitioners
Through: Mr. Munnilal and Mr. Abhishek
Rana, Advocates alongwith
petitioners
versus
THE STATE (GOVT OF NCT OF DELHI) & ORS.
..... Respondents
Through: Ms. Meenakshi Dahiya, APP for the
State with SI Akash Kumar, PS
Bhajanpura
R-2 to 4 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 02.11.2023
1. The petitioners vide the present petition under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of FIR No.0616/2017 dated 11.10.2017 registered under Sections 308/323/341/34 of the Indian Penal Code, 1860 at PS.: Bhajanpura, Delhi and all proceeding emanating therefrom in view of the Compromise Deed dated 21.07.2023 arrived at between the parties.
2. This petition is accompanied by the Compromise Deed dated 21.07.2023 and is also supported by affidavits of all the petitioners and of respondent no.2 to 4, alongwith proofs of their respective I.Ds. It has also CRL.M.C. 8001/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 02:18:35 been stated by the learned counsel for the parties that the respondent no.5 has since expired.
3. Petitioner nos. 1 to 4 and as also respondent nos.2 to 4 are present in Court and have been identified by the IO. Their credentials have been verified by this Court.
4. Issue Notice.
5. Learned APP for the State accepts notice. She confirms that she has no objection to the quashing of the said FIR.
5. Respondent no.2 to 4 affirms the Compromise Deed dated 21.07.2023 and submits that they have voluntarily settled all disputes with the petitioners. They further state that they do not wish to pursue the criminal proceedings against the petitioners and has no objection to the quashing of the present FIR.
6. In view of the fact that the settlement has been arrived at between the parties, and as the respondent no.2 to 4 do not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes and following the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
7. Accordingly, the present petition is allowed and FIR No.0616/2017 dated 11.10.2017 registered under Sections 308/323/341/34 of the Indian Penal Code, 1860 at PS.: Bhajanpura, Delhi and all proceeding emanating therefrom are quashed, subject to each of the petitioners and respondent CRL.M.C. 8001/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 02:18:35 nos.2 to 4 depositing costs of Rs.7,500 each in the Delhi High Court Staff Welfare Fund [A/C 15530110074442; IFSC UCBA0001553], within a period of two weeks.
8. Accordingly, the present petition, alongwith pending application, stands disposed of.
9. List for compliance on 04.12.2023.
SAURABH BANERJEE, J NOVEMBER 2, 2023/rr CRL.M.C. 8001/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2023 at 02:18:36