Delhi High Court - Orders
Firoz Khan And Ors vs The State Govt Of Nct Of Delhi & Ors on 6 September, 2022
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4348/2022
FIROZ KHAN AND ORS. ..... Petitioners
Through: Mr. Farah Naz, Adv.
All petitioners in person.
versus
THE STATE GOVT OF NCT OF
DELHI & ORS. ..... Respondents
Through: Ms. Richa Dhawan,Addl.PP for State
IO ASI Rajeev Kumar, PS Harsh
Vihar
Respondents no. 2 & 3 in person.
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 06.09.2022 CRL.M.A. 17794/2022(Application for exemption from filing certified copy of FIR and charge-sheet) 1.0 Allowed subject to just exceptions. Application is disposed of accordingly.
CRL.M.C. 4348/20222.0 This is a petition under Section 482 of Cr.PC for quashing of FIR No. 105/2017, dated 16.04.2017, under Sections 323/308/427/34 IPC Indian Penal Code, 1860, PS Harsh Vihar and all consequential proceedings emanating therefrom.
3.0 Ld. counsel for the petitioners submits that the parties have arrived at a settlement vide Settlement Deed dated 25.08.2022, out of their own CRL.M.C. 4348/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:17.09.2022 12:49:52 volition and without any force or coercion. It is also submitted that there is a cross FIR bearing No. 106/2017, dated 16.04.2017, under Sections 323/308/354B/452/506/509/34 IPC, PS Harsh Vihar against the respondents no. 2 and 3 herein registered at the instance of petitioner no. 1 herein. Parties are relatives and are living in the same locality. Now, they have resolved the disputes which had arisen between them on account of raising of a wall. They have been maintaining cordial relationship since 2017.
4.0 Respondent no. 2/complainant and respondent no. 3/injured are present in court and are identified by the IO.
5.0 Respondents no. 2 & 3 submit that they have voluntarily arrived at settlement with the petitioners. They further submit that they do not wish to prosecute the matter and have no objection to quashing of this FIR.
6.0 It is also submitted that the parties have undertaken to maintain peace and harmony and that they shall not litigate against each other. Parties have further undertaken to adhere to all the terms and conditions of the settlement.
7.0 Ld. Prosecutor on behalf of the State submits that charge-sheet in the matter has been filed but charges are yet to be framed. She also submits that as the parties have already settled the matter, State has no objection to the quashing of the FIR.
8.0 In view of the above facts and circumstances and considering that the parties, who are relatives and neighbours, have resolved their differences, I am of the considered opinion that continuation of criminal proceedings will CRL.M.C. 4348/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:17.09.2022 12:49:52 be an exercise in futility. Quashing of the FIR would rather help restore peace and harmony between them and further the ends of justice.
8.1 Thus, the present FIR No. 105/2017, dated 16.04.2017, under Sections 323/308/427/34 IPC Indian Penal Code, 1860, PS Harsh Vihar and all consequential proceedings emanating therefrom, are hereby quashed.
9.0 The present petition is disposed of accordingly.
10.0 Pending applications, if any, stand closed.
POONAM A. BAMBA, J SEPTEMBER 6, 2022/manju Click here to check corrigendum, if any CRL.M.C. 4348/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:17.09.2022 12:49:52