Suhail & Anr v. The State Govt of NCT of Delhi & Anr

Delhi High Court · 30 Oct 2017 · 2017:DHC:8073
A.K. Pathak
CRL.M.C. 4361/2017 & Cr1.
2017:DHC:8073
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs registered under Sections 307/34 and 308/34 IPC following an amicable settlement between neighbors, exercising its inherent powers under Section 482 CrPC in the interest of justice.

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$-40/4 1 HIGH COURT OF DELHI
CRL.M.C. 4361/2017 & Cr1.
M.A. No. 17505/2017
SUHAIL & ANR Petitioners
Through Mr. A.S. Shamsi and Mr. D.A. Saifi, Advs. with petitioners in person
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR.....Respondents
Through Mr. M.S. Oberoi, APP with SI Rishi Sharma, P.S. Jamia Nagar for respondent no. 1
Mr. Khalila Ansari, Mr. Mohammad Akhtar and Mr. Arif Shakeel, Advs. with respondent no. 2 in person
AND
CRL.M.C. 4365/2017 & Cr1.
M.A. No. 175 13/2017
FAISAL QURESHI & ORS Petitioners
Through Mr. Khalila Ansari, Mr. Mohammad Akhtar and Mr. Arif Shakeel, Advs.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ORS.....Respondents
Through Mr. M.S. Oberoi, APP with SI Rishi Sharma, P.S. Jamia Nagar for respondent no. 1
Mr. A.S. Shamsi and Mr. D.A. Saifi, Advs. with private respondents in person
2017:DHC:8073
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
30.10.2017 It is submitted that petitioners and private respondents have settled their disputes amicably; therefore, following cross FIRs may be quashed.
FIR No. 814/2014 under Sections 308/34 IPC registered at P.S. Jamia
Nagar on the complaint of respondent no. 2 Mohd Faiz Qureshi in Cr1. MC
No. 4361/20 17 and petitioner no. 3 in Cr!. M.C. No. 4365/20 17; and
FIR No. 817/2014 under Sections 307/34 IPC registered at P.S. Jamia
Nagar on the complaint of respondent no. 2 Faheem in Cr1. MC NO. 4365/20 17 and brother of petitioners in Cr1. M.C. No. 4361/20 17.
Separate Memorandums of Understanding, both dated I Vh October, 4 2017 have been placed on record. Mohd. Faiz Qureshi, Faheem, Arif and
Ferman are present in Court. They are the complainants/injured persons.
All of them have been identified by SI Rishi Sharma of Police Station Jamia
Nagar. They say that they have settled the matter of their own free will, voluntarily and without any undue force, pressure or coercion. They submit that they have no objection in case the aforesaid FIRs are quashed.
Keeping 4n mind the fact that a quarrel ensued between the neighbours on some trivial matter, which had led to registration of the cross
FIRs and they have now settled their disputes amicably in order to maintain harmonious relations in future, in the interest of justice both the FIRs, that is, FIR No. 814/2014 under Sections 308/34 IPC and FIR No. 817/2014 under Sections 307/34 IPC, both registered at P.S. Jamia Nagar and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti. c J
, A.K. ATHAK, J.
OCTOBER 309 2017 r. bararia
JUDGMENT