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High Court of DelhiW.P.(CRL)/2335/2019

Mohd. Ishtiaq & ORS. v. State & ANR.

2019-08-232 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2335/2019 MOHD. ISHTIAQ & ORS.

..... Petitioners Through:

Mr Nasir Ahmed, Mr Zakir Hussain, Ms Garima Anand and Ms Naseema Khatoon, Advocates.

versus STATE & ANR.

..... Respondents Through:

Ms Nandita Rao, ASC for State.

ASI Pardeep Kumar, PS Fatehpur Beri.

Mr Syed Rehan, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.08.2019 CRL. M.A.34028/2019 1.

For the reasons stated in the application, the delay in filing is condoned.

2.

The application is disposed of.

CRL.M.A. 34027/2019 3.

Allowed, subject to all just exceptions.

W.P.(CRL) 2335/2019 4.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973, inter alia, praying for quashing of the FIR No.186/2019 under Sections 308 and 34 of the Indian Penal Code, 1860 (IPC) registered in PS Fatehpur Beri, Delhi and other proceedings

emanating therefrom.

5.

The said petition has been filed on the ground that the parties have compromised their disputes and have entered into a Settlement Deed on 27.06.2019.

6.

Ms Rao, the learned ASC appearing for respondent no.1 states that although the FIR was registered under Sections 308 and 34 of the IPC, the injuries suffered by respondent no.2 are not grievous but are simple injuries. She further states that although it has been reported that respondent no.2 (Sh Sajid Khan) was hit with an iron rod but the police authorities have only recovered a wooden stick.

7.

The complaint and all the accused are present in the Court. The learned counsel appearing for the parties have identified the complainant and the accused. The Investigating Officer is also present in the Court and has identified all the accused.

8.

The accused and respondent no.2 confirm that they have settled their disputes and have no grievance against each other. 9.

Since the parties have resolved their disputes and it is stated by respondent no.2 that he has no grievance against any of the accused, the present petition is allowed and FIR No.186/2019 is quashed. 10.

All the accused and the complainant shall sign a copy of this order as a token of their statements recorded therein. 11.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J AUGUST 23, 2019/MK