Mumtaz & Anr v. State & Anr

Delhi High Court · 24 Jul 2018 · 2018:DHC:8447
A.K. Pathak
CRL.M.C. 3638/2018
2018:DHC:8447
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a family dispute following an amicable and voluntary settlement between the parties.

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$-57/58 , 1 HIGH COURT OF DELHI
CRL.M.C. 3638/2018 & Crl.
M.A. No. 28395/2018
MUMTAZ & ANR ..... Petitioners
Through Mr. A.K. Azad, Adv. with petitioners in person
VERSUS
STATE & ANR Respondents
Through Mr. M.S. Oberoi, APP with ASI Baljit Singh, P.S. Aman Vihar
Respondent no. 2 in person AND
•n^CRL.M.C. 3639/2018 & Crl.
M.A. No. 28401/2018
ZOHRA KHATOON & ORS Petitioners ' Through Mr. A.K. Azad, Adv. with petitioners in person
VERSUS
STATE & ANR Respondents
Through Ms. Manjeet Arya, APP with ASI Baljit Singh, P.S. Aman Vihar
Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
24.07.2018 Notice. Learned APP accepts notice for respondent no. 1.
Respondent no. 2 in both the petitions are present and accept notice.
2018:DHC:8447 Ms. Mumtaz, Firoz Khan, Kamal Hussain, Ali Asgar, Alima Begum, Sariyam Begum, Zohra Khatoon, Sumwul Yasmin and Shabuddin are related to each other. It appears that a quarrel took place between them on some trivial issues, which led to registration of cross FIRs, details whereof are as under:
(a) FIR no. 321/2015 under Sections 325/34 IPC at police station Aman
Vihar, on the complaint of Ms. Sriyam Begum, who is respondent NO. 2/complainant in Crl. M.C. No. 3638/2018 and petitioner no. 2/accused in
Crl.M.C. No. 3639/2018.
(b) FIR no. 322/2015 under Sections 323/451/506/34 IPC at police station
Aman Vihar on the complaint of Ms. Mumtaj, who is respondent NO. 2/complainant in Crl. M.C. No. 3639/2018 and petitioner no. 1/accused in
Crl. M.C. No. 3638/2018.
Other persons, named above, are either accused or victims in the aforesaid FIRs. It is submitted that with the interventions of their elders in the family, above named persons have settled their disputes amicably before
Delhi Mediation Centre on 9"" January, 2018. Therefore, aforesaid cross
FIRs and the consequent proceedings emanating therefrom may be quashed.
All the persons, named above, are present in Court and have been identified by ASI Baljit Singh of police. station Aman Vihar. Respondent NO. 2/complainants in both the above FIRs, admit having settled the matter with petitioners of their own free will, voluntarily and without any undue force, pressure or coercion andtheyhaveno objection in case FIR is quashed.
Keeping in mind the settlement arrived at between the,petitioners and respondent no. 2/complainants, in the interest of justice, FIR ho. 321/2015 under Sections 325/34 IPC and FIR no. 322/2015 under Sections
323/451/506/34 IPC, both registered at police station Aman Vihar and the consequentproceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous applications are also disposed of as infructuous. Dasti.
> A.K!r^THAK,J.
JULY 24, 2018 r. bararia
JUDGMENT