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High Court of DelhiCRL.M.C./3773/2017

Sayed Anwar Ali & ORS v. The State ( Delhi Admm ) Delhi & ORS

2017-09-14Hon'Ble Mr. Justice I.S.Mehta2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3773/2017 SAYED ANWAR ALI & ORS ..... Petitioners Through:

Mr.Juned Alam, Adv.

versus THE STATE (DELHI ADMM ) DELHI & ORS ..... Respondents Through:

Mr.Kamal Kumar Ghei, APP for State Mohd. Nasir, Adv. for R-2 to R-5.

R-2 to R-5 is present in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 14.09.2017 CRL.M.A.15286/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3773/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.94/2013, under Sections 323/324/341/427/452/506/509/34 IPC of Police Station-Jama Masjid, Delhi and all proceedings emanating therefrom. Counsel for the petitioners submit that the petitioners and the respondents No.2 to 5 are residents of the same locality and due to some misunderstanding arisen between the parties, a quarrel had taken place. He further submits that due to the misunderstanding, the respondents Nos.2 to 5 got registered FIR No.94/2013, under Sections 323/324/341/427/452/506/509/34 IPC of Police Station-Jama Masjid, Delhi and the petitioners too got registered a cross-FIR bearing FIR No.69/2013, under Sections 506/452/323/34 IPC registered at Police Station-Jama Masjid, Delhi. Counsel further submits that after the registration of the two

FIRs, the near relatives and the friends intervened and the matter has been amicably settled between the parties vide Compromise/Settlement Deed dated 27.10.2013 and nothing remains to be adjudicated further between them and to have better relationship in near future, the present FIR, which is coming as a hurdle in their way, may be quashed. The respondents/injureds are present in Court today and have been identified by the Investigating Officer IO Despal Singh, PS-Jama Masjid, Delhi. The respondents/injureds admit that the matter has been amicably settled with the petitioners vide Compromise/Settlement Deed dated 27.10.2013. They further submits that the settlement/compromise have taken place voluntarily, without any force, pressure or coercion. They submit that nothing remains to be adjudicated further between them and they have no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties who are stated to be relatives and nothing remains to be adjudicated further between them, to have peace in the personal life of the parties and for maintaining good relationship between the parties, I deem it appropriate to quash the FIR and all its subsequent proceedings. Consequently, FIR No.94/2013, under Sections 323/324/341/427/452/506/509/34 IPC of Police Station-Jama Masjid, Delhi and all proceedings arising therefrom are hereby quashed. Parties to remain bound by the terms of settlement dated 27th October, 2013. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J SEPTEMBER 14, 2017/RV