Nisar Ahmed & Anr v. State

Delhi High Court · 15 Apr 2015 · 2015:DHC:10784
Manmohan Singh
CRL.M.C.683/2015
2015:DHC:10784
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 324, 326, and 34 IPC based on a voluntary settlement between parties, imposing a condition of blood donation by the petitioner.

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> $-23 HIGH COURT OF DELHI
CRL.M.C.683/2015
NISAR AHMED & ANR Petitioners
Through Mr.Imran Khan,Advocate
VERSUS
STATE
(GOVT OF NOT DELHI)& ANR Respondents
Through Mr.M.N.Dudeja,APP for the State SI Brijesh Kumar,P.S.Lodhi Colony
CORAM:
HON'BLE MR.JUSTICE MANMOHAN SINGH
15.04.2015 This matter is taken up today as 14^*^ April, 2015 was declared holiday.
The present petition has been filed by the petitioners under Section
ORDER

482 Cr.P.C. for quashing of FIR No. 64/2010, under Sections 324/326/34 IPG,registered at P.S. Lodhi Colony,Delhi on the complaint ofrespondent No.2. The present petition has been filed on the basis of the settlement arrived at between the parties. The terms and conditions ofthe settlement are mentioned as below:-

"1. It is agreed between the parties that they do not have any further grievances against each other. 2. It is agreed between the parties that they shall reside peacefully and harmoniously and they will not raise any dispute 2015:DHC:10784

w with respectoffilling ofwater for their use.

3. It is agreed between the parties that the complainant shall cooperate for getting statements recorded for quashing ofFIR in the matter filed,before the appropriate Court by the parties.

4. It is also agreed between the parties that pursuant to the above settlement reached between the parties, all the pending litigation pertaining to the present claim, shall be deemed to have been settled between the parties. This settlement has been voluntarily arrived at between the parties with their own free will and without any force, pressure or coercion and both the parties are bound by the tenns and conditions mentioned herein above." The settlement is duly signed by the parties. The respondent no. 2 is present in Court and he has no objection ifthe FIR in question be quashed subject to the condition that the petitioner shall donate one unit blood twice from today with the Red Cross Society for which the petitioner is agreeable and the presentFIR is quashed. The copy ofthe order be sentto the Red Cross Society.The petitioner shall approach the said society within two weeks from today for compliance ofthe said order. The report in this regard shall be filed thereafter by the Red Cross Society after the expiry ofthe period oftwelve months.