Ilyash Khan & Ors. v. State of Delhi & Anr.

Delhi High Court · 14 Oct 2011 · 2011:DHC:10409
Mukta Gupta
CRL.M.C. 3432/2011
2011:DHC:10409
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 308, and 34 IPC based on a voluntary compromise between the parties, holding that continuation of proceedings would serve no useful purpose.

Full Text
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* IN THE IIIGII COURT oF DEI,HI AT NEw DELHI
-r- CRL.M.C .343212011
ILYASH KHAN & ORS. ""' Petitioners
Through: Mr. Yogesh Kumar and Mr' Ashish
Sharma, Advocates with Petitioners in person.
VETSUS
STA'I-E NCT OF DELHI & ANR' ""' Respondents
Through: Mr. Mukesh GuPta, APP with
Inspector Manoj Kumar and SI
Dharam Pal.
Mr. Islam l(han, Advocate for
RespondentNos. 2to 6.
CORAM:
TION'BLE MS. JUSTICE MUKTA GUPTA
, 14.10.2011
Crl.
M.A. No. 12L7712011 & L2L788/2011 (exemption)
Allowed, subject to all just exceptions.
Crl. M.C.343212011
Ily this petition the Petitioners seek quashing of FIR No. 27612011 under Sections 3231308134 IPC registered at PS Pul Prahladpur, Delhi.
Issue notice.
Learned APP accepts notice on behalf of the State'
CRL.M.C. s432/2011/J Page I of 3 t
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2011:DHC:10409
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Learned APP on instructions from SI Dharm Pal states that besides the five Petitioners there is no other accused and besides the Respondent
Nos. 2 to 6 there is no other victim in the present FIR'
'I'he Complainant/Respondent Nos. 2 to 6 are present in person and are identified by their counsel and the Investigating Officer. They state that the petitioners and the Respondent Nos. 2 to 6lComplainants have entered into a Compromise and the compromise deed dated 27tl' September, 2011 is annexed atpage 42.They further state that in view of the settlement between the parlies, they do not want to pursue the abovementioned FIR and the procecdings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful pulpose will be served in continuance of the proceedings, rather the salne would create further acrimony between them, it would be in the interest of justice to quash the abovetnentioned FIR and the proceedings pursuant thereto.
Conscqucntly, FII{ No. 27612011 under Sections 3231308134 IPC rogistered at PS Pul Prahladpur, Delhi and proceedings pursuant thereto are hcleby quashed.
CRL.M.C. 3432/2011
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Parties have signed this order sheet statements made before this Coutl'
'fhe petition is disposed of. Order dasti'
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