Imran @ Fakira & Ors v. State of NCT of Delhi & Ors

Delhi High Court · 11 Sep 2017 · 2017:DHC:8067
A.K. Pathak
CRL.M.C. 2799/2017
2017:DHC:8067
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs under Sections 308, 323, and 34 IPC following an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC in the interest of justice.

Full Text
Translation output
$15 & 43 HIGH COURT OF DELHI
CRL.M.C. 2799/2017
IMRAN @ FAKIRA & ORS
Through:
Petitioners Mr. Prakash Priyadarshi, Adv. along with petitioners in person.
VERSUS
STATE OF CNT OF DELHI & ORS .....Respondents
Through: Ms. Meenakshi Dahiya, APP for State with SI Anuj Kumar, P.S. Mayur
Vihar.
Mr. S.N. Gautam, Adv. for R-2 & 3 along with R-2 & R-3 in person.
CRL.M.C. 2796/2017
ZAHID & ORS .....Petitioner
Through: Mr. Prakash Priyadarshi, Adv. Along with petitioners in person.
VERSUS
STATE OF NCT OF DELHI & ORS .....Respondents
Through: Mr. G.M. Farooqui, APP for State with
SI Anuj Kumar, P.S. Mayur Vihar.
Mr. S.N. Gautam, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK ¶ ORDER 11.09.2017
It is submitted that petitioners (accused persons) and private respondents
(complainants/injured persons) have settled their disputes amicably, therefore, following two FIRs may be quashed :-
FIR No. 337/12 under Sections 308/323/34 IPC registered at Police Station Mayur Vihar-I on the complaint of Tahir
(Respondent no.2 in Cr!. M.C. 2799/20 17 and petitioner NO. 2 in Cr1. M.C. 2796/20 17);
FIR No. 338/12 under Sections 308/323/34 IPC registered at Police Station Mayur Vihar-I on the complaint of Imran
2017:DHC:8067 LI & Fakira (Respondent no. 2 in Cr1. M.C. 2796/2017 and
Petitioner no. 1 in Cr1. M.C. 2799/20 17).
Respondent no. 3- Nasir in Cr1. M.C. 2799/2017 is 15 years old and is a minor, therefore, he is being represented through his father, namely, Mohd.
Ayub, who is present in Court. Private respondents Tahir, Imran @ Fakira and
Mohd. Ayub are present in Court along with their counsel besides other
4 petitioners in both the petitions. They have been identified by SI Anuj Kumar of police station Mayur Vihar-I. They submit that they and petitioners are residing in the same locality and known to each other. A quarrel took place between them on some trivial issue which had led to registration of present
FIRs. They have now settled their disputes with the petitioners amicably, therefore, they have no objection in quashing of the above FIRs.
Keeping in mind that a settlement has been arrived at between the
I' petitioners and private respondents and the fact that private respondents do not wish to pursue the FIRs any further, in the interest of justice, both the above- noted FIRs 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.
A.K. 4tfakq J.
SEPTEMBER 119 2017 ga 2017:DHC:8067
JUDGMENT