Nawajis Hussain And Others v. State Of N.C.T. Of Delhi And Others
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1762/2024 NAWAJIS HUSSAIN AND OTHERS ..... Petitioners Through:
Mr. Faiz Imam, Advocate versus STATE OF N.C.T. OF DELHI AND OTHERS ..... Respondents Through:
Mr. Anand V. Khatri, ASC for the State with SI Vineet Kumar, HC Rakesh Yadav, P.S. Neb Sarai.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 30.05.2024 CRL.M.A. 17155/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 1762/2024 3.
The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 0296/2022, registered at Police Station Neb Sarai, Delhi for the offences punishable under Sections 341/323/506/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom. 4.
Issue notice. Mr. Anand V. Khatri, learned ASC accepts notice on behalf of State.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Petitioners are present before this Court and have been identified by their counsel Mr. Faiz Imam and Investigating Officer (IO) SI Vineet Kumar from Police Station Neb Sarai, Delhi and father of the minor victim is present before this Court.
6.
Brief facts of the present case are that on 25.04.2022, the present FIR was registered against the petitioners on the complaint of respondent no. 2 to 4. It is stated that during the pendency of the case, with the intervention of common friends and elders as well as the respectable people of the society, both the parties have amicably settled their disputes. It is stated that no objection certificate/affidavit dated 22.05.2024 has been filed by private respondents for quashing of the FIR 7.
On a query made by this Court, respondent no.2 to 4 who have been identified by the IO, have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 to 4 that the entire dispute has been amicably settled between the parties and no objection certificate/affidavit dated 22.05.2024 has been filed by private respondents for quashing of the FIR. Respondent no.2 to 4 further stated that they have no objection, if the FIR is quashed.
8.
On instructions from the IO, learned ASC for the State submits that no other criminal case is pending against the accused persons. 9.
In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
There is no legal impediment in quashing the FIR in question. 10.
Accordingly, FIR bearing no. 0296/2022, registered at Police Station Neb Sarai, Delhi for the offences punishable under Sections 341/323/506/34 of IPC and all consequential proceedings emanating therefrom are quashed. 11.
In view of above, the petition stands disposed of. 12.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 30, 2024/zp 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.