Daulat Ram v. State

Delhi High Court · 29 May 2018 · 2018:DHC:9103
A.K. Pathak
W.P.(CRL)1714/2018
2018:DHC:9103
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs under Sections 323, 308, and 34 IPC at the investigation stage upon a genuine compromise between the parties.

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$-61 &63 HIGH COURT OF DELHI
W.P.(CRL)1714/2018
BAUD ALAM & ORS.
Through:
VERSUS
Petitioners Mohd. Yusuf, Adv. along with petitioners in person.
STATE& ORS.
Through:
Respondents Ms. Sushila and Ms. Shikha Mehra, Advs.for Ms.Richa Kapoor,ASC for
State along with SI Varun Dalai,P.S.
Gulabi Bagh.
Mr. Vikram Aggarwal, Adv. for R-2 & R-3 along with R-2 & R-3 in persons.
AND
W.P.(CRL)1717/2018
DAULAT RAM & ANR.
Through:
STATE & ORS.
VERSUS
Through:
Petitioners Mr. Vikram Aggarwal, Adv. along with petitioners in person.
Respondents Ms. Sushila and Ms. Shikha Mehra, Advs.for Ms.Richa Kapoor,ASC for
State along with SI Varun Dalai,P.S.
Gulabi Bagh.
Mohd. Yusuf, Adv. for R-2 to R-5 along with R-2to R-5 in person.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
ORDER o/o 29.05.2018 By these writ petitions, petitioners have prayed for quashing of
2018:DHC:9103 V-' <ly following FIRs, whiph are at the investigation stage, in view of the compromise arrived atbetweenthem and privaterespondents
JUDGMENT

1) FIR No. 41/2018 under Sections 323/308/34 IPG registered at police station Gulabi Bagh on the complaint of Daulat Ram (respondent no.2/complainant in W.P. (Crl.) 1714/2018 and petitioner no.l/accused in W.P. (Crl.) 1717/2018;and

2) FIR No. 42/2018 under Sections 323/308/34 IPG registered at police station Gulabi Bagh on the complaint of Nizam @ Nezam (respondent rio.2/complainant in W.P.(Grl.) 1717/2018and petitionerno.2/accusedin W.P.(Grl.)1714/2018. Gomplainants/victims,namely,DaulatRam,Nizam@Nezam,Mohd. Johair,Daud Alam and Amirul Hasan are present in Court and have been identified by SI Varun Dalai ofpolice station Gulabi Bagh. They submit that they have settled the matter of their own free will and without any undue force, pressure or coercion and have no objection in case abovementioned FIRs are quashed. Affidavits ofthese complamants/mjured are already on recordtothis effect. Keepinginmindthesettlementarrived atbetweenthe petitionersand private respondents voluntarily,in my view,no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest ofjustice, aforesaid FIRs,which are atthe investigation stage,are quashed. Both the writ petitions are disposed of in the above terms. Miscellaneous applications are disposed ofas infructuous. Dasti. » A.K.PATHAK,J. MAY 29,2018 ga