Delhi High Court
Mehdi Hasan & Ors. vs State (Govt Of Nct Of Delhi) & Ors. on 19 December, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: December 19, 2018
+ CRL.M.C. 6473/2018
MEHDI HASAN & ORS. ..... Petitioners
Through: Mr. Akhtar Shamim, Advocate
Versus
STATE (GOVT OF NCT OF DELHI) & ORS. ..... Respondents
Through: Mr. M.P.Singh, Additional Public
Prosecutor for respondent-State with SI Balbir
Respondents No.2 to 4 in person
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Quashing of FIR No. 323/2011, under Sections 323/308/34 IPC,
registered at police station Khajuri Khas, Delhi is sought on the ground
that the misunderstanding which led to registration of the FIR, now stands
cleared between the parties.
2. Mr. M.P.Singh Ahmed, learned Additional Public Prosecutor for
respondent-State accepts notice and submits that respondents No.2 to 4
are present in the Court and they have been identified to be so by SI
Balbir to be the injured of this FIR case, on the basis of identity proof
furnished by them.
3. Respondents No.2 & 3, present in the Court, affirm the contents of
their affidavit filed in support of this petition and they submit that now no
dispute with petitioners survives and so, to restore the cordiality amongst
the parties, who are neighbours, the proceedings arising out of the FIR in
question be brought to an end.
4. In „Gian Singh Vs. State of Punjab‟ (2012) 10 SCC 303 Supreme
Court has recognized the need of amicable resolution of disputes in cases
like the instant one, by observing as under:-
"61. In other words, the High Court must consider
whether it would be unfair or contrary to the interest of justice
to continue with the criminal proceedings or continuation of
criminal proceedings would tantamount to abuse of process of
law despite settlement and compromise between the victim and
the wrongdoer and whether to secure the ends of justice, it is
appropriate that criminal case is put to an end and if the
answer to the above question(s) is in the affirmative, the High
Court shall be well within its jurisdiction to quash the criminal
proceedings."
5. The aforesaid dictum stands reiterated by the Supreme Court in
later decision in Narinder Singh v. State of Punjab (2014) 6 SCC 466.
6. In view of the fact that the misunderstanding amongst the parties
stands now cleared, this Court finds that continuance of proceedings
arising out of this FIR would be an exercise in futility.
7. Accordingly, subject to petitioners depositing cost of `10,000/-
with Prime Minister‟s National Relief Fund within four weeks from today
and placing proof of deposit on record of this case as well as before the
trial court, FIR No. 323/2011, under Sections 323/308/34 IPC, registered
at police station Khajuri Khas, Delhi and proceedings emanating
therefrom shall stand quashed.
8. This petition stands disposed of accordingly.
Dasti.
(SUNIL GAUR)
JUDGE
DECEMBER19, 2018
r
