Abrar Ahmed & ORS v. The State ( Govt Of NCT Of Delhi) & ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4142/2018 ABRAR AHMED & ORS ..... Petitioners Through Mr.Mukesh Hooda, Adv. with petitioners in person.

versus THE STATE ( GOVT OF NCT OF DELHI) & ORS .... Respondents Through Mr.Amit Chadha, APP for the State with SI Yogesh Kumar, PS Timarpur.

Mr.R.N.Sharma, Adv. with respondent nos.2 & 3 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 26.10.2018 1.

Vide the present petition, the petitioners have prayed for quashing of FIR No.178/2010 registered under Sections 451/448/323/324/341/427/506/34 of the IPC at Police Station Timar Pur, Delhi on the basis of a Compromise Deed dated 26th July, 2018. 2.

Learned counsel for the petitioners submits that the petitioners as also respondent nos.2 & 3 were neighbours and in the heat of moment, a quarrel had taken place between them leading to simple injuries to respondent nos.2 & 3. He submits that not only the petitioner no.1 had made a complaint against respondent nos.2 and 3 which led to registration of FIR No.177/2010, but simultaneously, on the basis of a complaint by the respondent nos.2 &3, FIR No.178 of

2010 against him was also registered on the same date. He submits that even though the chargesheet already stands filed and the trial is underway, the parties have now with the intervention of the senior members of the neighbourhood, entered into a compromise and, therefore, pray that the FIR and the consequential proceedings may be quashed.

3.

The petitioners as also respondent nos.2 & 3 are present in Court and have been identified by the Investigating Officer. The petitioners and the respondent nos.2 & 3 state that they have entered into the aforesaid settlement with their free will without any coercion. They further submit that both the respondent nos.2 & 3 being poor carpenters and having settled their disputes with the petitioners i.e. their erstwhile neighbours they do not wish to pursue the proceedings any further and, therefore, pray that the FIR and the consequential proceedings be quashed.

4.

I have considered the submissions made by learned counsel for the petitioners as also by Mr.Amit Chadha, learned APP for the State and learned counsel for respondent nos.2 & 3. In my considered view, keeping in view the fact that the parties were neighbours at whose behest two cross FIRs against each other were registered and also the admitted position that the nature of the injuries to the parties was simple as also the fact that the parties do not wish to pursue the proceedings, the continuation of the aforesaid criminal proceedings will be a futile exercise. The ends of justice demand that the FIR and consequential proceedings be quashed.

5.

Accordingly, keeping in view the interest of justice and subject

to payment of costs of Rs.25,000/- by the petitioners within two days to be deposited with the Delhi High Court Staff Welfare Fund, the petition is allowed. A copy of the receipt of deposit of costs will be handed over to the Investigating Officer who will produce it before the learned Trial Court.

6.

The petition is disposed of in the aforesaid terms. REKHA PALLI, J OCTOBER 26, 2018/aa