Syed Waqar Ali & ORS. v. The State & ANR.
$~23 & 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI
(23) CRL.M.C. 5246/2022 MOHD FURQAN & ORS.
..... Petitioners Through:
Petitioners in person.
versus THE STATE & ANR.
..... Respondents Through:
Mr.Shoiab Haider, APP.
SI SH Ojha, ASI Bahilal & ASI Ashok Kumar, PS Hauz Qazi.
Mr.Afroz Ahmad, Adv. for R-2.
(24)+ CRL.M.C. 5254/2022 SYED WAQAR ALI & ORS.
..... Petitioners Through:
Mr.Afroz Ahmad, Adv. along with the petitioners.
versus THE STATE & ANR.
..... Respondents Through:
Mr.Shoaib Haider, APP.
SI SH Ojha, ASI Bahilal & ASI Ashok Kumar, PS Hauz Qazi.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
O R D E R
% 16.02.2024 1.
These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of cross FIR(s), that is, FIR No. 0202/2022 registered at Police Station: Hauz Qazi, Central-District, Delhi under Sections 323/341/506/34 of the Indian Penal Code, 1860 (in short, 'IPC') (in CRL.M.C. 5246/2022); and FIR No. 0203/2022 registered at Police Station: Hauz Qazi, Central-District, Delhi, under Sections 323/341/34 of the IPC (in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CRL.M.C.5254/2022), along with all other proceedings arising therefrom, on the basis of a settlement.
2.
The petitioners and the respondent no.2 in these petitions are next door neighbours and the disputes arose out of some petty issues between the parties, which led to the filing of the above FIR(s). 3.
The learned counsel for the parties submits that the parties have amicably settled their inter se disputes and have entered into a settlement, executing Memorandum of Understanding dated 21.11.2023.
4.
The respondent no.2/injured persons in both the petitions are present in person in Court and have been duly identified by the Investigating Officer (IO), and they affirm the settlement and state that they have settled all the disputes with the petitioners in the respective petitions out of their own free will and without any coercion. The respondent no.2 in their respective petitions submits that they have no objection if the present FIRs are quashed. 5.
I have perused the contents of the FIRs and also the settlement between the parties.
6.
Keeping in view the fact that the complainant/respondent no.2 and petitioners are neighbours and they do not wish to pursue their complaint(s) any further, the allegations in the two FIRs, 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 two FIRs as the chances of their success will be rather minuscule and it would create further acrimony between the parties and will be an unnecessary burden on the State exchequer.
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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 two FIRs and all the proceedings emanating therefrom.
8.
Accordingly the petitions are allowed. FIR No.0202/2022 registered at Police Station: Hauz Qazi, Central-District, Delhi under Sections 323/341/506/34 of the IPC and FIR No.0203/2022 registered at Police Station: Hauz Qazi, Central-District, Delhi under Sections 323/341/34 of the IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners in each of the petitions shall deposit costs of Rs.10,000/- each with the Delhi State Legal Services Authority within a period of four 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 petition disposed of in the above terms.
NAVIN CHAWLA, J FEBRUARY 16, 2024/rv/ss 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.