Mohd Mehmood v. State Of NCT Of Delhi
$~42 & 43 * IN THE HIGH COURT OF DELHI AT NEW DELHI (42)+ CRL.M.C. 3546/2022
(43) CRL.M.C. 3629/2022 MOHD MEHMOOD ..... Petitioner Through:
Ms.Parul Agarwal, Adv.
versus STATE OF NCT OF DELHI ..... Respondent Through:
Mr.Anishek Kumar, Adv. for the complainant along with complainant 2 in person.
Mr.Shoaib Haider, APP with SI Manish.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 05.02.2024 1.
These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.21/2010 registered at Police Station: Shakarpur, East District, Delhi under Sections 506 of the Indian Penal Code, 1860 (in short, 'IPC'); and FIR no. 90/2011 registered with Police Station: Shakarpur, East District, Delhi under Sections 385/506/34 of the IPC, along with all other proceedings arising therefrom, on the basis of settlement. 2.
The learned counsels for the parties submit that the petitioner and the respondent no.2/complainant are next-door neighbours and the disputes arose out of some misunderstanding between the two, which led to the filing of the above FIR(s).
3.
The learned counsel for the petitioners submits that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
have amicably settled their inter se disputes and have entered into a settlement vide Settlement Deed/Compromise dated 20.05.2022. 4.
The respondent no.2/complainant, who is present in Court has been duly identified by the Investigating Officer (IO) and reaffirms the abovementioned settlement and states that he has settled all the disputes with the petitioner of his own free will and without any coercion. The respondent no.2/complainant further submits that he has no objection if the present FIR(s) is quashed. 5.
I have perused the contents of the FIR(s) and also the settlement between the petitioner and the complainant.
6.
Keeping in view the fact that parties are neighbours and the respondent no.2/complainant does not wish to pursue his complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR(s) as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 7.
Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR(s) and all the proceedings emanating therefrom.
8.
Accordingly, the petition is allowed. FIR No.21/2010 and FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
no. 90/2011 both registered with Police Station: Shakarpur, East District, Delhi and all consequential proceedings emanating therefrom against the petitioner are quashed, subject to the condition that the petitioner shall deposit a cost of Rs.35,000/- with the Delhi State Legal Services Authority within a period of two weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period. 9.
The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.
10.
The petitions are disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 5, 2024 RN/AS 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.