Mohd. Yasir & Ors. v. State of Delhi & Ors.

Delhi High Court · 12 Feb 2013 · 2013:DHC:6921
Kailash Gambhir
CRL.M.C. 551/2013; CRL.M.C. 534/2013
2013:DHC:6921
criminal petition_allowed

AI Summary

The Delhi High Court quashed two FIRs arising from a scuffle between neighbors after an amicable settlement, emphasizing the court's power under Section 482 CrPC to promote peace and prevent abuse of process.

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$-~50& 57 HIGH COURT OF DELHI -f CRL.M.C. 551/2013
MOHD.YASIR & ORS.
Petitioner Thi'ougli Mr. S. Z. Hasluni, Adv.
VERSUS
STATE NOT OF DELHI & ORS.
Respondent Thi'ough Mr. Navin Shanna, APP for State.
Mr. M. N. Siddiqui, for R-3 AND
CRL.M.C. 534/2013
FURKAN & ORS.
Petitioner Tlirough Mr. M.N. Siddiqui, Adv.
VERSUS
STATE NCT OF DELHI &ORS.
Respondent
Through Mr. Navin Sharma, APP for State.
Mr. S.Z. Hashini for respondent no.3 S.I. Shiv Kumar.
CORAM:
HON^BLE MR. JUSTICE KAILASH GAMBHIR
12.02.2013 This common order shall dispose of the two separate petitions filed by tlie accused persons seeking quasliing of FIR no. 123/11
2013:DHC:6921 registered under Sections 452/308/506/34 IPG and FIR no. 124/11 registered under Sections308/34IPG at P.S. JamiaNagar.
Grl. M.C. No. 551/2013 has been preferred by the petitioners who are accused in FIR No. 124/11 and Grl.M.G. No. 534/2013 has been preferred by the petitioners who are accused in FIR No. 123/11 to seek quasliing oftlie said FIRs and the criminal proceedings arising tlierefi'om.
Both the parties are present in the couit along with their respective counsels. They are duly identified by their respective counsels.
Counsels for the parties submit that both the parties have amicably settled all their disputes and now tliey have no grievance against each other. Counsels also submit tliat both tlie parties are the residents of the same locality and due to some misunderstanding scuffle had taken place between them which resulted into causing injuries to some of the victims. Counsels also submit that in the said scuffle, Mr. Furkan and Mr. Yasir had received head injuries wliile the right leg ofMr. Mohammed got fractured. Counsels submit that these petitioners undertake not to indulge into any kind of criminal activity in future and will maintain cordiality and peace in the locality.
V\ Heard.
Considering the fact that the paities have amicably settled all their disputes, this court is of tlie view that no useful purpose would be ser\-ed in keeping the said FIRs and the proceedings aiising tlierefrom alive any fiirtlier against the petitioners. Consequently, tlie FIR No. 123/11 registered under Sections 452/308/506/34 IPC and FIR no. 124/11 registered under Sections 308/34 IPC at P.S. Jamia Nagar are hereby quashed, subject to deposit ofcost of Rs.5,000/- by each petitioner except
Mohd. Yasir, Mohammed and Furkan, with Delhi High Court Bar
Association Lawyers' Social Security and Welfare Fund within a period of two weeks from tlie date of this order.
The petitions stand disposed ofaccordingly.
A
KADL^H GAMBHIR, J FEBRUARY 12,2013/mg
JUDGMENT