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High Court of DelhiCRL.M.C./112/2017

Umar Farooq @ Shehzad & ORS v. State & ORS

2017-01-12Hon'Ble Mr. Justice I.S.Mehta2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 112/2017 UMAR FAROOQ @ SHEHZAD & ORS ..... Petitioners Through:

Mr.R.K.Singh, Adv.

versus STATE & ORS ..... Respondents Through:

Mr.Raghuvinder Varma, APP for State with SI Sureshpal, Police Station-Jama Masjid Ms.Shweta Sharma, Adv.with Mr.M.S.Bhutty, Adv. for R-3 to R-5.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 12.01.2017 CRL.M.A.540/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 112/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 14/2015, under Sections 308/323/452/506/34 IPC, registered at Police Station-Jama Masjid, Delhi and all proceedings emanating therefrom. Counsel for the petitioners has submitted that the petitioners and the respondent Nos. 3 to 5 are neighbours and due to some misunderstanding arisen between them, a quarrel had taken place resulting into registration of FIR No. 14/2015, under Sections 308/323/452/506/34 IPC at Police StationJama Masjid, Delhi. He has further submitted that after registration of the FIR qua against the petitioners, the relatives and the friends intervened and the matter has been settled between the parties vide settlement deed dated

22nd December, 2016. Learned counsel for the petitioners further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent Nos.3 to 5 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent Nos.3 to 5/injured are present in Court today and have been identified by the Investigating Officer, SI Sureshpal, P.S. Jama Masjid, Delhi. The respondent Nos.

3 to 5 also admit that the matter has been amicably settled with the petitioners vide settlement/compromise deed dated 22nd December, 2016 and have no claim or grievance left against the petitioners. They further submit that the settlement/compromise dated 22nd December, 2016 has taken place voluntarily, without any force, pressure or coercion. They further submit that they have no objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the parties are stated to be neighbours and the matter has been amicably settled between them and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No. 14/2015, under Sections 308/323/452/506/34 IPC, registered at Police Station-Jama Masjid, Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J JANUARY 12, 2017/radhika