Mohd Imran & ORS. v. The State Govt. Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 892/2024 MOHD IMRAN & ORS.
.....Petitioners Through:
Mr. Gaurav Kochar and Mr. Vishal, Advocates.
versus THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents Through:
Ms. Richa Dhawan, APP for State with ASI Vikram Singh, P.S.Karawal Nagar.
Mr.
Umesh Chandra Mishra, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 17.09.2024 1.
The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners for quashing of FIR No. 219/2015 under Sections 307/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") and Sections 25/27/54/59 of the Arms Act registered at Police Station Karawal Nagar.
2.
Issue notice.
3.
Ms. Richa Dhawan, learned APP appearing on advance notice, accepts notice on behalf of the State.
4.
It is stated that the parties entered into a Memorandum of Settlement dated 08.01.2024, whereby the parties have amicably The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settled all the disputes and differences. The properties as mentioned therein have now been handed over to the complainant along with the documents. After much effort the parties have agreed to restore peace and it is prayed that the FIR be quashed.
5.
In view of the Memorandum of Settlement dated 08.01.2024, the present petition has been filed.
6.
The parties are present before this Court today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.
7.
The parties have submitted that all the disputes have been amicably settled vide Memorandum of Settlement dated 08.01.2024 and thus, no fruitful purpose will be served in continuing with the FIR.
8.
The present petition has been signed by all the parties and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Memorandum of Settlement dated 08.01.2024 and they also submit that the said Compromise has been arrived at between the parties without any pressure and coercion. 9.
In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, I am of the opinion that no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Though it is a case where the complainant has suffered bullet injury but it cannot be overlooked that it was a family fued on account of property and after about 9 years, the same has got settled and the property has been divided. The husband of the complainant has died and she has a younger son who is 15 years of age. Though the offence is heinous as is made out from the record but in the peculiar facts and circumstances of this case whereby closure of the case would in peace, harmony in future and also because it relates to the family matter between the brothers and sisters, the petition is hereby quashed. This case shall not be treated as a precedent. 11.
Accordingly, FIR No. 219/2015 under Sections 307/34 of the IPC and Sections 25/27/54/59 of the Arms Act registered at Police Station Karawal Nagar and all consequential proceedings emanating therefrom are quashed.
12.
The petition stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 17, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.