Delhi High Court
Mohd. Faizan & Anr vs The State ( Nct Of Delhi) & Anr on 21 March, 2016
$~7
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.03.2016
+ W.P.(CRL) 631/2016
MOHD. FAIZAN & ANR ... Petitioners
Through: Mr. F. Haq and Md. Imran,
Advocates.
versus
THE STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Mr. Rajesh Mahajan, ASC with Ms.
Parul Jamwal, Advocate with ASI
Yatender Kumar, PS New Ashok
Nagar.
Mr. M. Fazal, Advocate for R-2 with
R-2 in person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 Code of Criminal Procedure, 1973 (hereinafter
referred to as Cr.P.C.). seeking quashing of FIR No.1648/2015 under
Sections 307/34 IPC registered at Police Station- New Ashok Nagar and the
proceedings emanating therefrom.
2. The subject FIR came to be registered at the instance of respondent
No. 2 on an allegation that the petitioners, who are his brothers-in-law, had
assaulted him with deadly weapons as a consequence of the latters'
unhappiness over the former's matrimonial alliance with their sister. The
MLC qua the complainant opines that he suffered simple injuries.
3. The complainant, who is present in person in the Court today, and is
identified by the Investigating Officer, ASI Yatender Kumar, Police Station
New Ashok Nagar, states that in view of the circumstance that the discord
between the parties that led to the registration of the said FIR has been
amicably resolved and he is residing happily with his wife, i.e., the sister of
the petitioners herein, he is no longer keen to prosecute the subject FIR and
the proceedings arising therefrom.
4. The terms and conditions of the amicable settlement are enshrined in
the settlement deed dated 4th February, 2016 which is annexed to the present
petition. The salient features of the said settlement deed are as follows:-
"1. That the amicable settlement between both the parties is without
any kind of pressure, coercion or threat from any quarter what-so-ever.
2. That it has been mutually agreed that both the parties shall
maintain cordial relations as they are doing their respective business in
the same locality.
3. That it has been mutually agreed between both the parties that the
second party shall approach to the Hon'ble High Court of Delhi for
quashing of the above said FIR and the first party shall fully cooperate
with the second party for quashing of the above FIR and shall sign all the
required documents and shall also provide the necessary documents for
the said purpose.
4. That it has also been mutually agreed that the first party shall
appear before the Hon'ble High Court of Delhi for giving the statement
of amicable settlement.
5. That the contents of this M.O.U. have been read over to both the
parties in their vernacular."
5. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been amicably resolved by and between the petitioners
on one hand and their brother in law on the other, without any undue
influence, pressure or coercion, no useful purpose shall be served by
proceeding with the subject FIR.
6. Resultantly, FIR No. 1648/2015, under Sections 307/34 IPC,
registered at Police Station- New Ashok Nagar is hereby set aside and
quashed qua all the petitioners subject to their depositing a sum of Rs.5,000/-
each with the Victims' Compensation Fund, Govt. of NCT of Delhi, within a
period of two weeks from today. Receipt of the same shall be provided to the
Investigating Officer within of the subject FIR.
7. The present petition is allowed in the above terms.
8. Dasti.
SIDDHARTH MRIDUL, J
MARCH 21, 2016
AK
