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High Court of DelhiCRL.M.C./6336/2024

Izaz @ Abdul Ijaj & ORS. v. The State NCT Of Delhi And ANR

2024-08-22Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~61 & 62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6324/2024 MAZID & ORS.

.....Petitioners Through:

Mr. Juned Ansari (P/6259/2020), Advocate with Petitioners-in-person versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State.

Mr. Ankit Rai (D/3244/15) and Mr.

Abhishek Sharma, Advocates for R-2.

Respondent No.2 in person SI Raghubir Prasad (894/D), PS Khyala + CRL.M.C. 6336/2024 IZAZ @ ABDUL IJAJ & ORS.

.....Petitioners Through:

Mr. Ankit Rai (D/3244/15) and Mr.

Abhishek Sharma, Advocates with Petitioners-in-person versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Yudhvir Singh Chauhan, APP for the State.

Mr. Juned Ansari (P/6259/2020), Advocate for R-2 to with Respondents-in-person SI Raghubir Prasad (D-894), PS Khyala

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 22.08.2024 1.

CRL.M.C. 6324/2024 has been filed by the Petitioners for quashing FIR No.225/2022 dated 02.02.2022 registered at Police Station Khyala for offences punishable under Sections 324 & 34 IPC. 2.

CRL.M.C. 6336/2024 has been filed by the Petitioners for quashing FIR No.227/2022 dated 02.02.2022 registered at Police Station Khyala for offences punishable under Sections 323, 341, 506 & 34 IPC. 3.

A perusal of the instant FIRs indicates that disputes arose between the parties regarding throwing of garbage and cross-FIRs have been filed by the parties against each other. The parties have approached this Court primarily on the ground that they have amicably settled their disputes with each other vide memorandum of understanding dated 16.05.2024 which has been entered into between the parties. The memorandum of understanding dated 16.05.2024 has also been annexed with the present petitions as Annexure P2. It is stated that the parties are related to each other. 4.

The Petitioners except Petitioner No.3 in CRL.M.C. 6336/2024 and the Respondent No.2/Complainants in both the petitions are present in Court today. Petitioner No.3 in CRL.M.C. 6336/2024, who is currently lodged in Central Jail, Tihar, has joined the proceedings through video-conferencing from the concerned jail.

5.

The parties in both the petitions have been identified by their respective Counsels and the Investigating Officer. The parties, who are present in Court today, state that they have settled all the disputes with each other out of their own free will, without pressure, coercion or undue influence and do not want to pursue the present case any further and request The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

that the present FIRs and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court.

6.

In view of the fact that cross complaints have been filed by the parties, who are related to each other and now they have sought to get the FIRs quashed on the basis of Memorandum of Understanding (MoU) arrived at between them and in view of the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is inclined to quash the present FIRs so that both the parties can live together in peace and harmony.

7.

Accordingly, FIR No.225/2022 dated 02.02.2022 registered at Police Station Khyala for offences punishable under Sections 324 & 34 IPC and the FIR No.227/2022 dated 02.02.2022 registered at Police Station Khyala for offences punishable under Sections 323, 341, 506 & 34 IPC and all the proceedings emanating therefrom are hereby quashed. 8.

The petitions stand disposed of in the above terms, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J AUGUST 22, 2024 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.