Azmat & ANR. v. State Of NCT Of Delhi & ORS.
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3838/2023 AZMAT & ANR.
..... Petitioners Through:
Mr. S.N. Qureshi & Mr. Noorain Ali, Advocates.
versus STATE OF NCT OF DELHI & ORS.
..... Respondents Through:
Mr. Amol Sinha, ASC for the State.
Counsel for R2-R7.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 01.05.2024 1.
The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been instituted on behalf of the petitioners seeking quashing of case arising out of FIR bearing No. 540/2023, registered at Police Station Jafrabad, for offences punishable under Sections 307/308/452/34 of the Indian Penal Code, 1860 („IPC‟).
2.
Issue notice. Mr. Amol Sinha, learned ASC appearing on behalf of the State accepts notice.
3.
Petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) from Police Station Jafrabad. 4.
Brief facts of the case, as per the prosecution are, that on 01.11.2023, at about 07:00 PM in the evening, respondent no. 2 was returning to his place of work with his dinner. Respondent No.2 saw that the Petitioner No.2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
had parked their commercial vehicle in front of the entry gate of the Respondent No2's accommodation. It is further alleged that when Respondent No.2 asked the Petitioners to move the said vehicle, petitioners started misbehaving with Respondent No.2 and used filthy language with the Respondent No.2 and assaulted him. It is further alleged that when the Respondent No.2 came back with Respondent No.3 to 7, the matter was pacified. It is further alleged that after some time, the petitioners along with some other people came to the factory of respondent no. 2 and started using filthy language. It is further alleged that respondent nos. 2 to 7 raised hue and cry out of pain. On the complaint of respondent no. 2, the said FIR got registered. It is stated that the said respondents do not want to initiate any further proceeding, in view of the settlement taken place on 07.12.2023 and that in the heat of the moment, the parties fought with each other. Hence, the present petition for quashing of the said FIR has been filed. 5.
On a query made by this Court, the respondent no. 2 to 7, who have been identified by the IO, have categorically stated that they have entered into compromise out of their own free will, volition and without any coercion, pressure or threat. It is also stated by the said respondents that the entire dispute has been amicably settled between the parties vide compromise deed dated 07.12.2023; and have no objection if the FIR is quashed.
6.
In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
There is no legal impediment in quashing the FIR in question. 7.
Accordingly, FIR bearing No. 540/2023, registered at Police Station Jafrabad, for offences punishable under Sections 307/308/452/34 of the IPC and all consequential proceedings emanating therefrom are quashed, subject to the petitioners and respondent nos. 2 to 7 depositing the cost of Rs. 5000/- (Rupees Five Thousand Only) each, in Advocates Welfare Fund, Karkardooma Courts, Delhi, within 10 days from today, and the receipt thereof will be filed in proof, with the Registry. 8.
The petition stands disposed of.
9.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 1, 2024/at 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.