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High Court of DelhiCRL.M.C./1837/2024

Gulam Aadil & ANR. v. State Of (NCT) Delhi & ANR.

2024-08-16Hon'Ble Mr. Justice Anish Dayal2 pages

$~16 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1837/2024 GULAM AADIL & ANR.

.....Petitioners Through:

Mr. K.S. Kashyap, Advocate versus STATE OF (NCT) DELHI & ANR.

.....Respondents Through:

Mr. Pradeep Gahlot, APP for State SI Kanhiya Lal PS Shahadra + CRL.M.C. 1950/2024 MUKESH & ANR.

.....Petitioners Through:

Mr. Ravi Kaushal, Adv.

versus STATE OF (NCT) DELHI & ANR.

.....Respondents Through:

Mr. Pradeep Gahlot, APP for State SI Kanhiya Lal PS Shahadra

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 16.08.2024 1.

These petitions have been filed seeking quashing of cross FIRs lodged by the parties being FIR No. 286/2017 and FIR No. 285/2017, PS Shahadara under Sections 323/308/341/427/34 IPC on the basis of settlement arrived at between the parties dated 12th December 2023, which is on record of this Court.

2.

The issue arose out of inter se dispute between the parties which has since been settled.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:16:36

3.

Petitioners and complainants in both these petitions are present in Court and are duly identified by IO and the respective counsels. 4.

As per the settlement, Rs. 30,000/- is given by Mukesh to Gulam Aadil in the Court today and the parties submit that they have no objection to quashing of the FIR in view of the settlement. 5.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, both these cross FIRs being FIR No. 286/2017 and FIR No. 285/2017 PS Shahadara under Sections 323/308/427/34 IPC Delhi and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, both these petitions are disposed of. Pending applications (if any) are disposed of as infructuous.

8.

Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 16, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:16:36