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Zulfkar Alias Zulfiqar Ali & Ors vs State & Ors on 14 September, 2022

Author: Yogesh Khanna

Bench: Yogesh Khanna

                                $~7
                                *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +     CRL.M.C. 2208/2022, CRL.M.A. 9339/2022
                                      ZULFKAR alias ZULFIQAR ALI & ORS.
                                                                                    ..... Petitioner
                                                      Through: Mr.Irshad Ahmad and Mr.Raj Kumar,
                                                                Advocates.

                                                            versus

                                      STATE & ORS.
                                                                                            ..... Respondent
                                                            Through:   Mr.Amit Sahni, APP for State with
                                                                       ASI Manvir Singh, PS Gokalpur.
                                                                       R-2 & 3 in person.
                                      CORAM:
                                      HON'BLE MR. JUSTICE YOGESH KHANNA
                                                        ORDER

% 14.09.2022

1. This petition is for quashing of FIR No.508/2012 under Section 323/307/147/148/149/34 IPC registered at police station Gokalpuri, Delhi.

2. The FIR was lodged on account of an incident dated 26.12.2012 in which respondents No.2 and 3 were injured. It is mentioned the petitioner No.1 is the bother-in-law of respondents No.2 and 3.

3. It is stated though the chargesheet has been filed but till date despite the FIR being of the year 2012, the case has not been committed to the Session's Court.

4. It is stated the matter has been amicably settled between the parties vide Compromise Deed dated 08.03.2013 and the parties have been abiding by the terms and conditions set out therein. It is stated since after the incident they have been residing amicably and there is no untoward incident after the above incident.

5. The complainants/respondent No.2 and 3 are present have been duly identified by the Investigating Officer and states the matter has been settled with the petitioners and they do not want to take any further action against them since their sister is married with the petitioner No.1 and she is residing with him. Respondents No.2 and 3 have no objection if the FIR is quashed against the petitioners. The learned APP for the State has also no objection, if this petition is allowed. The affidavits of parties are on record.

6. Considering the above settlement between the parties as the offence is personal in nature; parties being in near relation to each other, there is no impediment in quashing of the FIR as disputes have been settled. The other cross cases have also since been withdrawn as referred to in the Compromise Deed. In view of the above, there is no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.

7. Accordingly, the petition is allowed. Consequently, FIR No.508/2012 under Section 323/307/147/148/149/34 IPC registered at police station Gokalpuri, Delhi and the proceedings emanating therefrom are quashed. Pending application, if any, also stands disposed of. No order as to costs.

YOGESH KHANNA, J.

SEPTEMBER 14, 2022 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:15.09.2022 11:49