Delhi High Court - Orders
Naushad & Ors vs State Of Nct Of Delhi & Ors on 8 February, 2022
Author: Mukta Gupta
Bench: Mukta Gupta
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3404/2021
NAUSHAD & ORS. ..... Petitioners
Represented by: Mr Ravindra Narayan, Advocate
along with petitioners in person
through video conferencing.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Represented by: Mr Tarang Srivastava, APP for the
State with SI Sandeep, PS Mehrauli
along with respondent nos.2 to 4
through video conferencing.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 08.02.2022 The hearing has been conducted through video conferencing.
1. By this petition, the petitioners seek quashing of FIR No.0759/2016 under Sections 354/354B/323/342/34 IPC registered at PS Mehrauli on the complaint of respondent no.2 on the ground that the parties have entered into a settlement.
2. Learned APP for the State on instructions of the Investigating Officer submits that in the above-noted FIR the seven petitioners are the accused and respondent no.2 is the complainant/victim and respondent nos.3 and 4, the other victims.
3. Learned counsel for the petitioners states that the petitioners were the tenants of the respondent nos.2 to 4 and for the alleged incident dated 21st Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3404/2021 Page 1 of 3 Signing Date:09.02.2022 15:04:10 March, 2016 cross-FIRs were registered between the parties, both the parties entered into a settlement and agreed that both the cross FIRs be quashed and the petitioners have since vacated the house which was on rent from the respondents.
4. In the above-noted FIR, respondent no.2 stated that their 50 sq. yards plot in Khasra No.116-125 was almost in ready condition. There are two shops in the front and one shop at the back and the remaining four floors were constructed, however, one Akhtar Ali Shah was creating a dispute. Regarding this dispute, two meetings were held and in this connection a meeting was also scheduled on the day of incident. When they reached for the meeting, the petitioner no.6 along with his sons was already present besides their friends and all these people started pressurising him and his son, wife that they should forget the property and when they told them that there was an agreement according to which it was decided that only two shops and some money will be given and the rest will be of the respondents, a fight ensued and Aslam pulled up respondent no.4 towards his side, hit her on the chest and tore her clothes. When he and his son tried to save respondent no.4, he hit both of them resulting in injuries to them and thus a PCR call was made and they were taken for medical examination. The injuries were simple to all the complainants.
5. Respondent nos.2 to 4, who are present in Court through video conferencing and are identified by the Investigating Officer. They state that they have settled the matter with the petitioners, who have now vacated their premises and they do not wish to pursue the above-noted FIR and the proceedings pursuant thereto. They further state that they will make their best endeavour to maintain peace and harmony and do not wish to pursue Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3404/2021 Page 2 of 3 Signing Date:09.02.2022 15:04:10 the above-noted FIR and the proceedings pursuant thereto.
6. Petitioners, who are also present in Court through video conferencing and identified by the learned counsel affirm the statement of respondent nos.2 to 4 and assured that no such misbehaviour will take place in future and to show remorse they undertake to deposit the cost.
7. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
8. Consequently, FIR No.0759/2016 under Sections 354/354B/323/342/34 IPC registered at PS Mehrauli and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a consolidated cost of ₹10,000/- with the Delhi High Court Advocates Welfare Trust within four weeks from today.
9. Petition is disposed of.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J FEBRUARY 8, 2022 MK Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 3404/2021 Page 3 of 3 Signing Date:09.02.2022 15:04:10