Moinuddin @ Monda & ORS v. The State Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5414/2017 MOINUDDIN @ MONDA & ORS ..... Petitioners Through:

Mr. Sandeep Kumar, Adv.

Versus

THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with SI Dinesh Kumar, P.S. Jamia Nagar.

Mohd. Parvez, Adv. for R-2 to R-5 along with R-2 to R-5 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.07.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent nos. 2 to 5 are present in Court along with their counsel and accepts notice. They have been identified by SI Dinesh Kumar of police station Jamia Nagar.

Learned APP submits that Mohd. Ragib had also sustained injury besides respondent no.2 but he has not been impleaded in this petition. On the oral prayer of counsel for the petitioners, Mohd. Ragib is impleaded as respondent no. 5. Amended memo of parties be filed during course of the day.

It is submitted that petitioners and respondent nos. 2 to 5 are neighbours. A quarrel took place between them on some trivial issue which led to registration of FIR No. 196/2016 under Sections 323/452/354/354B/ 356/506/34 IPC at police station Jamia Nagar, on the complaint of respondent no.2. Petitioners and respondent nos. 2 to 5 have now settled their disputes amicably in order to maintain harmonious relations in future, therefore, aforesaid FIR and the consequent proceedings may be quashed. Learned APP submits that Sections 392/394 IPC have also been added during the investigation.

It is further submitted that petitioners have compensated the injured persons, that is, Parvez Alam Khan (respondent ns. 2) and Mohd. Ragib (respondent no. 5) by paying them `20,000/- each. Respondent nos. 2 to 5 submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion, therefore, they have no objection in case aforesaid FIR and the consequent proceedings are quashed.

Keeping in mind the settlement arrived at between the parties voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending.

Accordingly, in the interest of justice,

aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JULY 25, 2018 ga