Rashid Ali & ANR v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4095/2017 RASHID ALI & ANR ..... Petitioners Through:
Mr.Mridul Jain, Advocates with the petitioners produced from J/C on production warrant.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State.
R2/complainant Mr.Ankur Thakur in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 16.10.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.531/2017, under Sections 323/341/307/34 IPC registered at Police Station New Ashok Nagar, Delhi and all proceedings arising therefrom.
The petitioners have been produced from custody on production warrants issued by this Court. Learned counsel for the petitioners has submitted that the petitioners and the respondent No.2 were having good relations in the past and due to the misunderstanding arisen between them, a quarrel had taken place resulting into the registration of an FIR No.739/2015, under Sections 323/354/34 IPC against the petitioners at Police Station Ghazipur, Delhi.
Counsel further submits that after the registration of the aforesaid two FIRs, the near relatives and friends
intervened and the matter has been amicably settled between the parties and the same has been reduced into writing on 10.10.2017 and the same has been acted upon between the parties voluntarily, without any force, pressure or coercion and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the petitioners and prays that the FIR and all subsequent proceedings arising therefrom may be quashed and the petitioners may be ordered to be released from judicial custody.
Respondent No.2/complainant Mr. Ankur Thakur is present in person and has been identified by the IO SI Pushpendra Pandey, P.S. New Ashok Nagar, Delhi. Respondent No.2 present in person admits that the petitioners are his family friends and related with him and that he has amicably settled the matter with the petitioners and the same has been reduced into writing on 10.10.2017 and nothing further remains to be adjudicated between them and he has no objection if the instant FIR is quashed and the petitioners are released from jail.
Looking into the above facts and circumstances, since the misunderstanding has been sorted out and the matter has been amicably settled between the parties and the same has been reduced into writing on 10.10.2017 and nothing further remains to be adjudicated between the parties, to have peace in the life of both the parties and to have peace in the neighbourhood and to meet the ends of justice, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom. Consequently, FIR No.531/2017, under Sections 323/341/307/34 IPC registered at Police Station New Ashok Nagar, Delhi and all proceedings arising therefrom. Parties shall be bound by the settlement dated 10.10.2017.
The Jail Superintendent concerned is directed to release the petitioners from judicial custody forthwith, if not wanted in any other case. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. One copy of this order be also sent to the concerned Jail Superintendent forthwith for information and necessary compliance. I.S.MEHTA, J OCTOBER 16, 2017 'dc'