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High Court of DelhiCRL.M.C./4596/2016

Qadir Saify v. State (Govt Of NCT, Delhi)

2016-12-09Hon'Ble Mr. Justice I.S.Mehta2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4596/2016 QADIR SAIFY ..... Petitioner Through:

Mr.Khalil A Ansari, Adv. with Mr.Arif Shakeel and Mohd.Akhtar, Advs.

versus STATE (GOVT OF NCT, DELHI) ..... Respondent Through:

Ms.Kusum Dhalla, APP for State with SI C.P.Singh, PS-Jamia Nagar Mr.Aditya Gaur, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 09.12.2016 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 181/2015, under Sections 323/324 IPC, registered at Police Station-Jamia Nagar, New Delhi and all proceedings emanating therefrom. Counsel for the petitioner has submitted that due to misunderstanding between the parties, the complainant lodged FIR No. 181/2015, under Sections 323/324 IPC at Police Station-Jamia Nagar, New Delhi. He has further submitted that the petitioner too lodged an FIR No.182/2015, under Section 324 IPC at Police Station-Jamia Nagar, New Delhi, qua against the complainant. He has further submitted that after registration of the FIR qua the petitioner, the relatives and the friends intervened and the matter has been settled between the parties. Learned counsel for the petitioner further submits that all disputes have been amicably settled between the parties and

nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioner. He further submits that the petitioner and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant and the injured are present in Court today and have been identified by the Investigating Officer, SI C.P.Singh, P.S.Jamia Nagar, New Delhi. The respondent No.2/complainant and the injured also admit that the matter has been amicably settled with the petitioner and have no claim or grievance left against the petitioner. They further submit that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion.

They further submit that they have no objection if the FIR in question is quashed. Looking into the above facts and circumstances, since the matter has been amicably settled between the parties and nothing remains to be adjudicated further and in order to maintain good relations and harmony amongst the parties, who are stated to be neighbours, I deem it appropriate to quash the FIR No. 181/2015, under Sections 323/324 IPC, registered at Police Station-Jamia Nagar, New Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. I.S.MEHTA, J DECEMBER 09, 2016/radhika