Mohd Iqbal Khan And ORS v. The State Of NCT Of Delhi And ORS

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2131/2022 MOHD IQBAL KHAN AND ORS ..... Petitioners Through:

Mr.Ayyub Ahmad, Mr.Anis Ahmad, Mr.Imran Ahmad, Advs.

versus THE STATE OF NCT OF DELHI AND ORS ..... Respondents Through:

Ms.Priyanka Dalal, APP with SI Sonu Kumar Jha.

Mr.Jitendra Rawal, Adv. for R2-3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 25.04.2024 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.') praying for quashing of FIR No.135/2012 registered with Police Station: Ambedkar Nagar, SouthEast District, New Delhi, originally under Sections 324/34 of the Indian Penal Code (in short IPC), on the basis of a settlement arrived at between the petitioners and the complainants, that is, the respondent nos.2 and 3. 2.

The learned APP points out that the trial is at the very fag end, with even the defence witnesses also having been examined. 3.

The Supreme Court has cautioned that one of the considerations that should weigh with a court while considering an application under Section 482 of the Cr.P.C. seeking quashing of an FIR and consequent criminal proceedings based on a settlement, is the stage of the criminal proceedings. It is also to be kept in view whether the offence charged is personal to the complainant/victim or is one against the Society. 4.

Tested on both the above parameters, the petitioners have not been 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 30/04/2024 at 12:18:29

able to make out a case for quashing of FIR by exercising the power under Section 482 of the Cr.P.C.

5.

Accordingly, the petition is dismissed.

NAVIN CHAWLA, J APRIL 25, 2024 RN/ss Click here to check corrigendum, if any 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 30/04/2024 at 12:18:29