Fahim Khan & Ors. vs State Of Nct Of Delhi & Anr.
2015 Latest Caselaw 6398 Del

I- 32
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: August 28, 2015

+     CRL.M.C. 3511/2015 & Crl.M.A.No. 12528/2015
      FAHIM KHAN & ORS.                                   ..... Petitioners
                   Through:             Mr. M.I. Malik, Advocate

                          versus

      STATE OF NCT OF DELHI & ANR.           ..... Respondents
                    Through: Mr. G.M. Farooqui, Additional
                              Public Prosecutor for respondent-
                              State with SI Mehtab Alam
                              Respondent No.2 in person

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

Quashing of FIR No. 600/2014, under Section 308/34 of the IPC, registered at police station Khajuri Khas, Delhi is sought by petitioners on the basis of Compromise Deed of 9th July, 2015 (Annexure-B) and affidavit of 4th August, 2015 of respondent No.2, who is the complainant of FIR in question and on the ground that the misunderstanding, which led to registration of FIR in question, stands cleared between the parties.

Mr. G.M. Farooqui, learned Additional Public Prosecutor accepts notice of this petition on behalf of respondent-State and submits that respondent No.2, present in the Court, has been identified to be the first- informant of FIR in question by SI Mehtab Alam, Investigating Officer of

Crl.M.C.No. 3511/2015 Page 1 this case. Learned Additional Public Prosecutor for respondent-State further submits that respondent No.2 is one of the injured and another injured has not been made a party to this petition and apart from petitioners, there is another accused, who has also not been made a party to this petition. However, it is submitted by learned Additional Public Prosecutor for respondent-State that investigation in this case is complete and charge-sheet would be filed shortly.

Respondent No.2, present in the Court, affirms contents of his affidavit of 4th August, 2015 in support of this petition and submits that the misunderstanding, which led to registration of FIR in question, stands cleared with petitioners and therefore, proceedings arising out of FIR in question be brought to an end qua petitioners.

Learned Additional Public Prosecutor for respondent-State submits that in view of aforesaid affidavit of 4th August, 2015 of respondent No.2, his supplementary statement would be recorded and thereafter, final report will be filed before the trial court within a period of four weeks.

Let it be so done.

This petition and application are accordingly disposed of with liberty to petitioners to avail of the remedy as available in the law, if need be.

                                                          (SUNIL GAUR)
                                                            JUDGE
August 28, 2015
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Crl.M.C.No. 3511/2015                                                  Page 2