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High Court of DelhiCRL.M.C./4258/2016

Naseem Akhtar v. State, NCT Of Delhi & ORS

2016-12-08Hon'Ble Mr. Justice I.S.Mehta3 pages

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4258/2016 NASEEM AKHTAR ..... Petitioner Through:

Counsel for the petitioner with the petitioner in person.

versus STATE, NCT OF DELHI & ORS ..... Respondents Through:

Ms.Kusum Dhalla, APP for State with SI Arvind Kumar, P.S. New Usman Pur, Delhi.

Counsel for R-2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 08.12.2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing FIR No.403/2013, under Sections 308/324/34 IPC, registered at Police Station New Usmanpur, Delhi and all proceedings arising therefrom.

Learned counsel for the petitioner submits that the petitioner and the injured are the neighbours and due to the misunderstanding arisen between them, an FIR No.403/2013, under Sections 308/324/34 IPC was got registered. Counsel further submits that after the registration of the FIR, the friends and near relatives intervened and the matter has been amicably settled between the parties outside the Court vide compromise deed dated

28th October, 2016 which is placed on record. Counsel for the petitioner further submits that the opposite party, namely, Shaukeen Malik, has also got registered a cross-FIR bearing No.402/2013, under Section 308/34 IPC at Police Station New Usmanpur, Delhi. Counsel further submits that the petitioner have settled the matter with the injured/complainant in order to have peace and harmony in the neighbourhood.

He further submits that the settlement reached between the parties is voluntary and without any force, pressure or coercion and prays that since the matter has been amicably settled between the parties, no purpose would be served in continuing with the criminal proceedings against the petitioner and hence, the FIR and all subsequent proceedings, which are coming in the way of the parties as a hurdle to live peacefully in the neighbourhood, may be quashed. The respondents No.2, 3 & 4, namely, Shokeen Malik, Anees and Shami Khan are present in Court today and have been identified by the IO SI Arvind Kumar, P.S. New Usman Pur, Delhi.

The injured/complainant admit that they have amicably settled the matter with the petitioner outside the Court voluntarily and without any force, pressure or coercion and nothing further remains to be adjudicated between the parties. They further submit that they have got no objection, if the FIR in question is quashed.

proceedings arising therefrom. Consequently, FIR No.403/2013, under Sections 308/324/34 IPC, registered at Police Station New Usmanpur, Delhi and all proceedings arising therefrom are hereby quashed. The present petition stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 08, 2016 'dc'