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High Court of DelhiCRL.M.C./754/2018

Uzair Ahmad @ Nazish v. The State (Govt.Of NCT ) Delhi & ANR

2018-03-13Hon'Ble Mr. Justice A.K. Pathak2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 754/2018 UZAIR AHMAD @ NAZISH ..... Petitioner Through:

Mr. Kunwar and Mr. Surendra Mohan Prasad, Advs.

versus THE STATE (GOVT.OF NCT ) DELHI & ANR ..... Respondents Through:

Ms. Meenakshi Dahiya, APP with SI Prempal Singh, P.S. Bhajanpura.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.03.2018 Notice could not be issued to the respondent no.2 as process fee was not filed. However, respondent no.2 appears in Court and accepts notice. She has been identified by SI Prempal of police station Bhajanpura. It is submitted that present FIR No. 184/2012 under Section 336 IPC and Section 27 of the Arms Act was registered at police station Bhajanpura, on the complaint of respondent no.2.

Petitioner was married to sister of respondent no.2. Respondent no.2 alleged in the FIR that relations between the petitioner and his wife, that is, her sister were not cordial. On 13th June, 2012 at about 12:30 am she heard the noise of gunshot. When she came out of her house along with her father they found a bullet mark on the door. One empty cartridge was also found.

She alleged that some unknown

persons had fired gunshot at their house. During the investigation, petitioner was arrested, however, weapon of offence was not recovered. It is submitted that matter has been settled between the petitioner and his wife before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 18th February, 2017. Respondent no.2 has also settled the matter with the petitioner, therefore, she is not willing to pursue the FIR and the same may be quashed. In view of the settlement arrived at between the petitioner and respondent no.2 voluntarily, I am of the view that no fruitful purpose would be served in continuing the present FIR. Accordingly, aforesaid FIR and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

MARCH 13, 2018 ga