CRL.M.C./4596/2016 of QADIR SAIFY Vs STATE (GOVT OF NCT, DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 4596/2016

QADIR SAIFY

..... PetitionerThrough:Mr.Khalil Ansari, Adv. withMr.Arif Shakeel and Mohd.Akhtar,Advs.

versus

STATE (GOVT OF NCT, DELHI)..... RespondentThrough:Ms.Kusum Dhalla, APP for State withSI C.P.Singh, PS-Jamia NagarMr.Aditya Gaur, Adv. for R-2.

CORAM:HON'BLE MR. JUSTICE I.S.MEHTAO R R%09.12.2016

This is petition under Section 482 Cr.P.C. for quashing of FIR No.181/2015, under Sections 323/324 IPC, registered at Police Station-JamiaNagar, New Delhi and all proceedings emanating therefrom.

Counsel for the petitioner has submitted that due to misunderstanding

between the parties, the complainant lodged FIR No. 181/2015, underSections 323/324 IPC at Police Station-Jamia Nagar, New Delhi. He hasfurther submitted that the petitioner too lodged an FIR No.182/2015, underSection 324 IPC at Police Station-Jamia Nagar, New Delhi, qua against thecomplainant. He has further submitted that after registration of the FIR quathe petitioner, the relatives and the friends intervened and the matter hasbeen settled between the parties. Learned counsel for the petitioner furthersubmits that all disputes have been amicably settled between the parties and

nothing remains to be adjudicated upon further and submits that the FIR inquestion is coming as hurdle in the way of the present petitioner. He furthersubmits that the petitioner and the respondent No.2 want to lead peaceful lifein near future and since all disputes have been settled between them, the FIRin question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant and the injured are present in Courttoday and have been identified by the Investigating Officer, SI C.P.Singh,P.S.Jamia Nagar, New Delhi. The respondent No.2/complainant and theinjured also admit that the matter has been amicably settled with thepetitioner and have no claim or grievance left against the petitioner. Theyfurther submit that the settlement/compromise has taken place voluntarily,without any force, pressure or coercion. They further submit that they haveno objection if the FIR in question is quashed.

Looking into the above facts and circumstances, since the matter hasbeen amicably settled between the parties and nothing remains to beadjudicated further and in order to maintain good relations and harmonyamongst the parties, who are stated to be neighbours, I deem it appropriateto quash the FIR No. 181/2015, under Sections 323/324 IPC, registered atPolice Station-Jamia Nagar, New Delhi, and all proceedings emanatingtherefrom.

The present petition is disposed of accordingly.

DECEMBER 09, 2016/radhika

I.S.MEHTA, J