Delhi High Court - Orders
Mohd Saleem & Ors vs State Nct Of Delhi & Ors on 13 April, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1174/2021
MOHD SALEEM & ORS. ..... Petitioner
Through: Mr. Ahmad Waseem Chauhan,
Advocate.
versus
STATE NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Kamal Kumar Ghai, APP for
State with Insp. C.P. Singh, PS Geeta
Colony.
Mr. Janhal Ali & Md. Babar,
Advocates for R-2 to 4.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 13.04.2021 (Through Video Conferencing) CRL.M.A. 6004/2021(Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of.
CRL.M.C. 1174/2021The petitioners vide the present petition have sought the quashing of FIR No. 1076/2016, PS Jamia Nagar under Sections 323/341/427/509/34 of the Indian Penal Code, 1860 qua which the Investigating Officer, Insp. C.P. Singh, presently posted at PS Geeta Colony and previously the Investigating Officer of the FIR No. 1076/2016, PS Jamia Nagar submitted that Sections 324/451 of the of the Indian Penal Code, 1860 have been additionally Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:16.04.2021 19:00:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
invoked at the time of framing of the charge of allegations in the instant case. The submissions made on behalf of the petitioners are to the effect that the matter has since been settled between the parties vide a MOU dated 26.03.2021, and that in relation to the cross FIR No. 1077/2016, PS Jamia Nagar that has since been filed before the learned Trial Court inasmuch the said offences alleged therein are compoundable.
The Investigating Officer of the present case has identified the respondent No.2 as being the complainant of the FIR in question and respondent Nos.3 and 4 as the injured/victims in the instant case and also identified the petitioner Nos.1 to 4 as being the accused arrayed in the same FIR.
The respondent no.2, complainant of the FIR, respondent No.3, injured, the wife of the respondent No.2, and respondent No.4, the daughter of respondent Nos.2 and 3, who states that abusive language was used by the petitioners, all have stated that in view of the settlement arrived at between them and the petitioners, they do not oppose the prayer made by the petitioner nos. 1 to 4 seeking the quashing of the FIR in question nor do they want petitioner Nos.1 to 4. It is so stated by the respondent Nos. 2, 3 and 4 that petitioner Nos.1 to 4 are their neighbours and their house is just opposite to the house of the petitioners i.e. H.No.12, Ghafoor Nagar, Jamia Nagar, New Delhi whereas the respondent Nos. 2 to 4 are residents of H. No. 10, Ghafoor Nagar, Jamia Nagar, New Delhi.
On behalf of the State, there is no opposition to the prayer made by the petitioners seeking the quashing of the FIR in question in view of the deposition of the respondent Nos.2, 3 and 4 and the settlement arrived at between the parties.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:16.04.2021 19:00:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
In view of the deposition of the respondent no.2, 3 and 4, non- opposition on behalf of the State, and the settlement that has been arrived at between the parties and as there appears no reason to disbelieve the statements that have been made and as they have made their statements voluntarily of their own accord without any duress, pressure or coercion from any quarter and as apparently the petitioner Nos.1 to 4 and respondent Nos.2 to 4 reside in the same locality, it is considered appropriate to put a quietus to the litigation between the parties in the instant case for maintenance of peace and harmony between them as specially as they are neighbours.
In view thereof, FIR No. 1076/2016, PS Jamia Nagar under Section 323/341/427/509/34 of the Indian Penal Code, 1860 and in addition under Sections 324/451 of the of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom against the petitioner Nos.1 to 4 are thus quashed.
The petition is disposed of accordingly.
ANU MALHOTRA, J APRIL 13, 2021 ha Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:16.04.2021 19:00:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 64 CRL.M.C. 1174/2021 MOHD SALEEM & ORS. Vs. STATE NCT OF DELHI & ORS. 13.04.2021 CW-1 Insp. C.P. Singh, PS Geeta Colony I am now posted at PS Geeta Colony, I am the Investigating Officer of the FIR No. 1076/2016, PS Jamia Nagar under Section 323/341/427/509/34 of the Indian Penal Code, 1860 and the charges have been framed in the matter in addition to the said sections also under Sections 324/451 of the Indian Penal Code, 1860. I identify the petitioner Nos.1 to 4 as being the four accused arrayed in the FIR. I identify the respondent No.2 as being the complainant of the said FIR and also identify the respondent Nos.3 and 4 as being the injured/victims in the instant case.
RO & AC ANU MALHOTRA, J
13.04.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:16.04.2021
19:00:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 64 CRL.M.C. 1174/2021 MOHD SALEEM & ORS. Vs. STATE NCT OF DELHI & ORS. 13.04.2021 CW-2 Mr. Ali Jan, S/o Sh. Ramjani, Aged 60 years, R/o H. No. 10, Ghafoor Nagar, Jamia Nagar, New Delhi. ON S.A. In view of the settlement that has been arrived at between me and petitioners Nos.1 to 4 vide the MOU dated 26.03.2021, I do not oppose the prayer made by the petitioners No. 1 to 4 seeking quashing of the FIR No. 1076/2016, PS Jamia Nagar under Section 323/341/427/509/34 of the Indian Penal Code, 1860 and in addition under Sections 324/451 of the Indian Penal Code, 1860. I do not want the petitioner Nos.1 to 4 to be punished in relation to the offences as they are my neighbours and their house is just opposite to my house. I run a shop, I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
RO & AC ANU MALHOTRA, J
13.04.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:16.04.2021
19:00:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 64 CRL.M.C. 1174/2021 MOHD SALEEM & ORS. Vs. STATE NCT OF DELHI & ORS. 13.04.2021 CW-3 Mrs. Yasmeen, W/o Sh. Ali Jan, Aged 55 years, R/o H. No. 10, Ghafoor Nagar, Jamia Nagar, New Delhi. ON S.A. In view of the settlement that has been arrived at between me and petitioners Nos.1 to 4 vide the MOU dated 26.03.2021, I do not oppose the prayer made by the petitioners No. 1 to 4 seeking quashing of the FIR No. 1076/2016, PS Jamia Nagar under Section 323/341/427/509/34 of the Indian Penal Code, 1860 and in addition under Sections 324/451 of the Indian Penal Code, 1860 nor do I want the petitioner Nos.1 to 4 to be punished in relation thereto inasmuch as they are my neighbours and their house is just opposite to my house i.e., H.No.12, Ghafoor Nagar, Jamia Nagar, New Delhi. I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
RO & AC ANU MALHOTRA, J
13.04.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:16.04.2021
19:00:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI 64 CRL.M.C. 1174/2021 MOHD SALEEM & ORS. Vs. STATE NCT OF DELHI & ORS. 13.04.2021 CW-4 Ms. Uzam Ali, D/o Sh. Ali Jan, Aged 28 years, R/o H. No. 10, Ghafoor Nagar, Jamia Nagar, New Delhi. ON S.A. In view of the settlement that has been arrived at between me and petitioners Nos.1 to 4 vide the MOU dated 26.03.2021, I do not oppose the prayer made by the petitioners No. 1 to 4 seeking quashing of the FIR No. 1076/2016, PS Jamia Nagar under Section 323/341/427/509/34 of the Indian Penal Code, 1860 and in addition under Sections 324/451 of the Indian Penal Code, 1860 nor do I want the petitioner Nos.1 to 4 to be punished in relation thereto inasmuch as they are my neighbours and their house is just opposite to my house i.e., H.No.12, Ghafoor Nagar, Jamia Nagar, New Delhi. I am a special educator and I have understood the implications of making my statement which I have made voluntarily of my own accord without any duress, pressure or coercion from any quarter.
RO & AC ANU MALHOTRA, J
13.04.2021
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:16.04.2021
19:00:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.