Md Sabir & ORS. v. The State Of Delhi & ANR.

$~85 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9334/2024 & CRL.M.A. 35813/2024 MD SABIR & ORS.

.....Petitioner Through:

appearance not given versus THE STATE OF DELHI & ANR.

.....Respondent Through:

Mr. Sunil Kumar Gautam, APP SI Akashdeep, PS Jamia Nagar

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 29.11.2024 1.

This is a petition under Section 482 of the CrPC (Section 528 of BNSS) seeking quashing of FIR No. 363/2020 under Sections 324/34 IPC registered at PS Jamia Nagar and consequent proceedings emanating therefrom.

2.

As per the FIR, it is stated that the petitioner hit the complainant with a sharp object.

3.

The nature of injury as per the MLC is opined to be simple. 4.

During the pendency of the proceedings, the parties have arrived at a Memorandum of Understanding dated 19.11.2024, wherein the respondent No. 2/complainant has agreed to amicably settle the disputes arising out of the said FIR.

5.

The petitioners are present in Court and are identified by their counsel, Mr. Ahmad.

6.

Respondent No. 2 is also present in Court and is identified by IO SI Akashdeep, PS Jamia Nagar.

7.

Respondent No. 2 states that he has entered into the aforesaid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:39:40

settlement out of his own free will, volition and without any threat, force, undue influence or coercion. It is further stated by respondent No. 2 that he has no objection if the FIR is quashed.

8.

Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. 9.

However, due to the acts of the petitioners, considerable time of the police as well as the judicial time has been misutilised which could have been better utilized. For the said reason, each of the petitioners shall pay Rs. 1,000/- to the respondent No. 2 within 4 weeks from today. The proof of payment of cost shall be filed in the Registry within 4 weeks thereafter and in case the same is not furnished, this file be put up before the Court. 10.

In this view of the matter, FIR No. 363/2020 under Sections 324/34 IPC registered at PS Jamia Nagar and consequent proceedings emanating therefrom are hereby quashed.

11.

The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 29, 2024/sp 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. The Order is downloaded from the DHC Server on 07/12/2024 at 11:39:40