← Library
High Court of DelhiCRL.M.C./4083/2024

Majid v. State Of NCT Of Delhi And ORS.

2024-05-20Hon'Ble Mr. Justice Anoop Kumar Mendiratta3 pages

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4083/2024 & CRL.M.A.15520/2024 MAJID ..... Petitioner Through:

Advocate (Appearance not given).

Petitioner in person.

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

Ms. Meenakshi Dahiya, APP for State with Mr. Chaaitanya Jain, Mr. Bhanu Pratap Singh, Mr.

S.

Shukla, Advocates with SI Akashdeep, P.S. Jamia Nagar R-2 in person

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 20.05.2024 1.

The present petition is filed under section 482 Cr.P.C. for quashing of FIR bearing no.0204/2020 dated 29.07.2020 registered under sections 323/341 IPC at P.S. Jamia Nagar along with consequential judicial proceedings.

2.

Issue notice.

3.

Ms. Meenakshi Dahiya, Additional Public Prosecutor assisted by the Investigating Officer SI Akashdeep, P.S. Jamia Nagar accepts notice on behalf of the respondent no.1. The respondent no.2 is present in person and accepts notice.

4.

The perusal of the FIR bearing no.0204/2020 reflects that it was got registered on the basis of the complaint made by the respondent no.2 pertaining to the incident stated to be happened on 27.07.2020 on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

allegations as stated in the FIR. The statement of the respondent no.2 was also recorded under section 164 Cr.P.C. during the course of the investigation. The statement of the respondent no.2 was also recorded under section 161 Cr.P.C. and thereafter the offences punishable under sections 354/509 IPC were also added. The petitioner and the respondent no.2 are identified by the Investigating Officer SI Akashdeep, P.S. Jamia Nagar. After conclusion of the investigation, the charge-sheet was filed under sections 323/341/354/509 IPC wherein the petitioner was implicated. The trial is stated to be pending in the court of Ms. Archita Garg, MM, South East, Saket Courts, New Delhi.

5.

The counsel for the petitioner stated that the petitioner and the respondent no.2 are residing in the same locality and the alleged incident stated to be happened on trivial issue. The petitioner and the respondent no.2 have settled their dispute vide Compromise Deed dated 10.01.2024, whereby the respondent no.2 has agreed not to pursue the consequential judicial proceedings arising out of FIR bearing no. 0204/2020. The petitioner and the respondent no.2, due to intervention of the family members and respectable persons of the society, have settled their disputes out of their own free will and without any force, fear and coercion and at present, they are enjoying harmonious relationship with each other. It is prayed that the present petition be allowed and FIR bearing no. 0204/2020 be quashed along with consequential proceedings including judicial proceedings stated to be pending before the court of Ms. Archita Garg, MM, South East, Saket Courts, New Delhi.

6.

The Additional Public Prosecutor for the respondent no.1/State stated that in view of the above submissions, she does not have any objection if the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present petition is allowed and FIR bearing no. 0204/2020 registered under sections 323/341 IPC at P.S. Jamia Nagar is allowed to be quashed along with consequential proceedings including judicial proceedings stated to be pending before the court of Ms. Archita Garg, MM, South East, Saket Courts, New Delhi.

7.

FIR bearing no. 0204/2020 was registered on the basis of complaint made by the respondent no.2. The petitioner and the respondent no.2 are known to each other and are residing in the same locality. The petitioner and the respondent no.2 have settled their disputes out of their own free will and without any force, fear and coercion vide Compromise Deed dated 10.01.2024 whereby the respondent no. 2 has agreed not to pursue with the proceedings arising out of FIR bearing no. 0204/2020 registered under sections 323/341 IPC at P.S. Jamia Nagar.

8.

After considering all facts and in the interest of justice, the FIR bearing no. 0204/2020 registered under sections 323/341 IPC at P.S. Jamia Nagar is quashed alongwith consequential proceedings including judicial proceedings stated to be pending in the court of Ms. Archita Garg, MM, South East, Saket Courts, New Delhi.

9.

The petition alongwith pending application stands disposed of. DR. SUDHIR KUMAR JAIN, J MAY 20, 2024 j/am The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.