Akram @ Musha & Ors vs State And Ors

$~38

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : MARCH 15, 2017

+                          CRL.M.C. 1224/2016


       AKRAM @ MUSHA & ORS
                                                       ..... Petitioners
                           Through :    Mr.Hemant Chaudhary, Advocate.

                           versus

       STATE AND ORS
                                                           ..... Respondents
                           Through :    Mr.Kamal Kr.Ghei, APP.
                                        Proxy counsel for the (appearance not
                                        given) along with complainants
                                        R-2&3 present in person.


        CORAM:
        HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.135/11 under Sections 452/324/506/34 IPC registered at Police Station I.P.Estate. It is stated that the matter has been settled with the victims/respondents No.2 and 3 amicably.

2. I have heard the learned counsel for the parties and have examined the file. Respondents No.2 and 3 were present before the Court along with counsel and were identified by him. I have enquired from them whether the matter has been settled with the petitioners amicably without fear and pressure. They have informed that the matter has been settled without any fear or pressure and have no objection to the quashing of the FIR. Status report also reveals that the victims have compounded the offence with the assailants i.e. petitioners without any fear or pressure.

3. I have gone through the Trial Court record which reflects that charge under Sections326/452/506/34 IPC was framed against the petitioners on 04.12.2014. No prosecution witness has so far been examined. Order-sheets dated 3.12.2015 and 28.03.2016 record that the parties have settled the dispute and petition for quashing of the FIR has been filed before this Court.

4. The petition is supported by the affidavits of the parties. Memorandum of Understanding/Settlement/Compromise deed dated 22.03.2016 signed by the parties is on record.

5. Since the Respondents No.2 and 3 have voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. The parties live in neighbourhood and the occurrence had taken place all of a sudden over a trivial issue. In the interest of justice and to enable the parties to maintain their neighbourly relations, FIR No.135/11 under Sections 452/324/506/34 IPC registered at Police Station I.P.Estate and all the proceedings emanating therefrom are quashed.

6. The petitioners are, however, burdened with costs of `20,000/- to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

7. The petition is disposed of accordingly.

8. Trial Court record along with the copy of the order be sent back immediately.

(S.P.GARG) JUDGE MARCH 15, 2017/sa Crl.M.C.1224/2016 Page 3 of 3