Kafil Ahmad & ORS. v. State Govt. Of NCT Of Delhi And ANR.
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 9304/2023 & CRL.M.A. 34765/2023 KAFIL AHMAD & ORS ..... Petitioners Through:
Ms. Shalini and Ms. Shailey Shukla, Advocates with petitioners in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Naval Kishore Jha, APP for State with ASI Hemraj Singh PS Dayalpur, Delhi.
Mr. Sarthak Dora, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 16.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of CT. Case No. 459/2019 registered under Sections 451/324/341/323/34 IPC at Police Station Dayalpur, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the complaint, the complainant stated that his wife was not willing to live in the joint family and had gone to her matrimonial where she remained for 8 months. On 21.02.2019, the complainant's brother in law and two others entered his house and attacked the complainant with scissors as a result of which he sustained injuries. 3.
Mr. Naval Kishore Jha, learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
No.2 is the only complainant/victim in the present case. It is further submitted that the trial is at the stage of prosecution evidence. 4.
Learned counsel for the petitioners submits that the petitioners and respondent No. 2 are known to each other and present case was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes before the Counselling Cell Family Court, Karkkardooma Courts on 09.11.2022. The copy of settlement is annexed with the petition at Annexure-P3. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioners.
5.
It is informed that the FIR No. 642/2019 registered under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act at P.S. Jafrabad, Delhi between the same parties, has also been quashed vide separate orders passed today in CRL.M.C. 6603/2023. 6.
The petitioners, who are present in Court, have been identified by their counsel as well as the I.O./ ASI Hemraj Singh PS Dayalpur, Delhi who is present in the Court. Respondent No. 2 is also present in Court and has been identified by the I.O.
7.
The petitioners have shown remorse for their conduct and undertake not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MOU out of his own free will, volition and without any coercion. He further states that he has no objection if the present complaint case and consequent proceedings are quashed. Affidavit of Respondent no.2 has been placed on record.
8.
The parties shall remain bound by the statements made in Court today.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
In view of the above facts and considering that no useful purpose will be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed. 10.
With the above directions, the petition is disposed of alongwith miscellaneous application.
MANOJ KUMAR OHRI, J JANUARY 16, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.