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Judgments of Supreme Court of India and High Courts

Azizur Rehman & Ors vs State Of Nct Of Delhi & Ors on 15 July, 2021

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 658/2021

AZIZUR REHMAN ORS. ….. Petitioner
Represented by: Mr.Vishal Raj Sehijpal, Advocate for
the petitioners with petitioners in
person.

Versus

STATE OF NCT OF DELHI ORS. …. Respondent
Represented by: Mr.Rajesh Mahajan, ASC for the
State with IO SI Anurag Tyagi.
Ms.Pooja Arora, Advocate for R-2 to
R-4.

CORAM:
HON’BLE MS. JUSTICE MUKTA GUPTA
ORDER

% 15.07.2021
The hearing has been conducted through video conferencing.

1. By this petition, the petitioners seek quashing of FIR No. 365/2020
under
Sections 308/34 IPC registered at P.S.-Jamia Nagar, wherein, Section
354 IPC was added later, on the ground that the parties have settled the
matter.

2. Learned Additional Standing Counsel for the State on instructions
from Investigating Officer submits that in the above-noted FIR the four
petitioners are the accused and respondent Nos.2, 3 4 (as per amended
memo of parties filed) are the only victims and no other person is involved.

Signature Not Verified
Digitally Signed By:JUSTICE
W.P.(CRL) 658/2021 Page 1 of GUPTA
MUKTA 3
Signing Date:15.07.2021
21:34:37

3. Respondent Nos. 2, 3 4 who are present through video
conferencing and identified by the Investigating Officer SI Anurag Tyagi
states that they have settled the matter with the petitioners vide
memorandum of settlement dated 25th February 2021, copy whereof is
annexed as Annexure-C to the present petition. They state that the present
FIR and the cross-FIR were lodged by the parties due to misunderstanding
and the parties are in the neighbourhood, in the sense, one of the parties has
its work place near residence of the other party. They state that they do not
wish to pursue the above-noted FIR and the proceedings pursuant thereto
and the same be quashed. They state that they will ensure that peace and
harmony is maintained between the parties in future. They undertake to
abide by the terms of settlement arrived at between the parties.

4. Petitioners who are present through video conferencing and identified
by the learned counsel affirm the statement of respondent Nos.2, 3 4 and
undertake to abide by the terms of settlement. They assure that they will not
give any cause of grievance to the respondent Nos. 2, 3 4 in future and to
show remorse, are agreeable to deposit the costs.

5. In view of the fact that the parties have amicably resolved their
differences of their own free will, volition and without any coercion and no
useful purpose will be served in continuance of the proceedings, it would be
in the interest of justice to quash the abovementioned FIR and the
proceedings pursuant thereto. There is no legal impediment in quashing the
FIR in question.

6. Consequently, FIR No. 365/2020 under Sections 308/34 IPC
registered at P.S. Jamia Nagar and proceedings pursuant thereto are hereby
quashed, subject to the petitioners depositing a consolidated cost of

Signature Not Verified
Digitally Signed By:JUSTICE
W.P.(CRL) 658/2021 Page 2 of GUPTA
MUKTA 3
Signing Date:15.07.2021
21:34:37
₹10,000/- with Delhi High Court Advocates Welfare Fund and placing the
receipt of deposit within four weeks with this Court.

7. Since the FIR and the proceedings pursuant thereto are quashed
subject to deposit of costs, at request of the learned counsel for the
petitioners, the DVR of the CCTV camera be returned to the petitioners by
the Investigating Officer.

8. Petition is disposed of.

9. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

JULY 15, 2021/akb

Signature Not Verified
Digitally Signed By:JUSTICE
W.P.(CRL) 658/2021 Page 3 of GUPTA
MUKTA 3
Signing Date:15.07.2021
21:34:37

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