Mohd Saleem & ORS. v. The State ( NCT Of Delhi) & ANR.
$~87, 88, 33 & 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3188/2024 & CRL.M.A. 12317/2024 MOHD SALEEM & ORS.
..... Petitioners Through:
Mr.Amit Dhalla and Mr.B.P.Dhalla, Advs.
versus THE STATE ( NCT OF DELHI) & ANR.
..... Respondents Through:
Ms.Meenakshi Dahiya, APP for the state with Mr.Shishav Shukla, Adv with SI Nadir Khan, ASI Chatav Singh, HC Ajay Singh and Insp D.V.Singh PS Sadar Bazar.
Mr.Abhishek Dwivedi, Mr.Shabiesta Nabi and Mr.Aslam Ahmed, Advs for R-2.
+ CRL.M.C. 3214/2024 & CRL.M.A. 12384/2024 MOHD SALEEM & ORS.
..... Petitioners Through:
Mr.Amit Dhalla and Mr.B.P.Dhalla, Advs.
versus THE STATE ( NCT OF DELHI) & ANR.
..... Respondents Through:
Ms.Meenakshi Dahiya, APP for the state with Mr.Shishav Shukla, Adv with SI Nadir Khan, ASI Chatav Singh, HC Ajay Singh and Insp D.V.Singh PS Sadar Bazar.
Mr.Abhishek Dwivedi, Mr.Shabiesta Nabi and Mr.Aslam Ahmed, Advs for R-2.
+ W.P.(CRL) 44/2024 MOHD ARSHAD ..... Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Through:
Mr.Abhishek Dwivedi, Mr.Shabiesta Nabi and Mr.Aslam Ahmed, Advs.
versus STATE NCT OF DELHI & ANR.
..... Respondents Through:
Ms.Rupali Bandhopadhya, ASC with Ms.Abhijeet Kumar, Adv with SI Nadir Khan, ASI Chatav Singh, HC Ajay Singh and Insp D.V.Singh PS Sadar Bazar.
Mr.Amit Dhalla and Mr.B.P.Dhalla, Advs for R-2.
+ W.P.(CRL) 54/2024 MOHD ARSHAD & ORS.
..... Petitioners Through:
Mr.Abhishek Dwivedi, Mr.Shabiesta Nabi and Mr.Aslam Ahmed, Advs.
versus STATE NCT OF DELHI & ORS.
..... Respondents Through:
Ms.Rupali Bandhopadhya, ASC with Ms.Abhijeet Kumar, Adv with SI Nadir Khan, ASI Chatav Singh, HC Ajay Singh and Insp D.V.Singh PS Sadar Bazar.
Mr.Amit Dhalla and Mr.B.P.Dhalla, Advs for R-2.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 26.04.2024 1.
By way of the present petitions, the petitioners seek quashing of the FIRs bearing nos. 235/2023, 245/2023, 236/2023 and 238/2023 under The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Sections 324/34 IPC, 323/354/354-B/506/509/34 IPC, 323/341/506 IPC and 323/452/354/354(B)/509 IPC, respectively, all registered at Police Station Sadar Bazar, Delhi.
2.
The parties are present in the Court and they have been identified by their respective counsel as well as by the Investigating Officer. 3.
The quashing of the FIRs in question is sought on the basis of a Memorandum of Understanding ("MoU") dated 19.12.2023 executed between the parties.
4.
The facts of the case indicate that there are twelve parties to the litigation.
5.
The names and details of all the twelve parties are mentioned as under:- 1.
Mohd. Saleem Qureshi S/o Late Mohd. Saeed Qureshi R/o 11212, Motia Khan, Eidgah Road, Pahar Ganj, Delhi -110055(First Party) 2.
Mohd. Arshad S/o Late Mohd.
Saeed R/o House No.7499, Second & third Floor, Gali Qabro Wali, Near Badi Masjid, Idgah Road, Sadar Bazar, Delhi - 110006 (Second Party) 3.
Mohd. Ali S/o Mohd. Saleem R/o 11212, Motia Khan, Eidgah Road, Pahar Ganj, Delhi -110055(Third Party) 4.
Mohd. Fahad S/o Mohd.
Saleem R/o 11212, Motia Khan, Eidgah Road, Pahar Ganj, Delhi -110055(Fourth Party) 5.
Ms. Asma Zenab @ Asma Qureshi, D/o Mohd. Saleem R/o House No.7499, Second & third Floor, Gali Qabro Wali, Quresh Nagar, Delhi - 110006 (Fifth Party) 6.
Hafsa Qureshi D/o Mohd.
Saleem R/o House No.7499, Second & third Floor, Gali Qabro Wali, Quresh Nagar, Sadar Bazar, Delhi - 110006 (Sixth Party) 7.
Ms. Muneeza, D/o Late Mohd.
Naeem, W/o Mohd. Anas R/o T-352, Idgah Road, Near Al Quresh, Masjid Ahata Kidara, Delhi (Seventh Party) 8.
Mr. Mohd. Anas S/o Mohd.
Mustafa R/o T-352, Idgah Road, Near Al Quresh, Masjid Ahata Kidara, Delhi (Eighth Party) 9.
Ms. Humera, D/o Late Mohd.
Naeem, W/o Mohd. Shadab R/o 2253-54-55, Gali Dakotan, Turkman Gate, Delhi - 110006 (Ninth Party) 10.
Mr. Mohd. Touseef@ Shadab R/o 2253-54-55, Gali Dakotan, Turkman Gate, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
S/o Mohd. Ilyas, Delhi - 110006 (Tenth Party) 11.
Ms. Saba, D/o Late Mohd.
Naeem, W/o Mohd. Asad, R/o 7369, Third Floor, Gali Abdul Rehman Wali, Qasab Pura, Near Ghantey Wali Masjid, Delhi - 110006 (Eleventh Party) 12.
Mohd. Asad S/o Abdul Majeed R/o 7369, Third Floor, Gali Abdul Rehman Wali, Qasab Pura, Near Ghantey Wali Masjid, Delhi - 110006 (Twelfth Party) 6.
Parties to the dispute are close relatives. The first and second party are real brothers. The third, fourth, fifth and sixth parties are sons and daughters of first party and nephews and niece of second party. The seventh, ninth and eleventh parties are nieces of first and second parties being the daughters of their deceased brother, Late Mohd. Naeem.
7.
It appears that, since 2020, the dispute and differences had arisen between the parties, leading to filing of civil and criminal cases from time to time. The details of some of the cases as has been reflected in the MoU read as under:- a. FIR bearing No. 236 of 2023, with police station Sadar Bazar, preferred by first party under section 323/341/506 of IPC. b. FIR bearing No. 235/2023, with police station Sadar Bazar, preferred by second party under Section 335/34 of IPC. c. FIR bearing No. 245/2023, with police station Sadar Bazar, preferred by Seventh party against third party and fourth party under Section 323/354/354(B)/506/509/34 of IPC. d. FIR bearing No. 238/2023, with police station Sadar Bazar, preferred by fifth party under Section 323/352/354/354(B)/509 of IPC.
8.
During the pendency of the aforesaid FIRs, with the intervention of the family members and well wishers, the parties have entered into a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
settlement vide Settlement Deed dated 19.12.2023. 9.
The parties, therefore, submit that in view of the terms of settlement, none of the parties have any grievance against any of their relatives. They, therefore, pray for putting quietus to all criminal cases and live happily with each other.
10.
The prayer is not opposed by the State. The parties present in the Court also confirm the execution of the aforesaid MoU without any fear or pressure.
11.
In view of the aforesaid, having gone through the facts of the cases and the present circumstances, this Court finds that no useful purpose would be served in continuing the litigation.
12.
Hence, the FIR Nos. 235/2023, 245/2023, 236/2023 and 238/2023 under Sections 324/34 IPC, 323/354/354-B/506/509/34 IPC, 323/341/506 IPC and 323/452/354/354(B)/509 IPC, respectively, all registered at Police Station Sadar Bazar, Delhi and the proceedings emanating therefrom are hereby quashed.
13.
The petitions are accordingly disposed of alongwith pending applications.
PURUSHAINDRA KUMAR KAURAV, J.
APRIL 26, 2024/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.