Quashed

Saddam Hussain & Ors. v. State (Govt of NCT of Delhi) & Anr.

Delhi HC10 Apr 2018W.P.(CRL)/1013/2018

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No.1241/2015 and related proceedings registered under Sections 308/34 IPC following an amicable settlement between petitioners and the complainant, holding no useful purpose to continue litigation.

What did the court decide?

FIR No.1241/2015 and all proceedings arising therefrom quashed; direction to deposit `15,000/- as costs in PM Relief Fund.

Saddam Hussain & Ors. Vs State (Govt of NCT of Delhi) & Anr. — Quashing and FIR | Delhi HC (2018)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1013/2018

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SADDAM HUSSAIN & ORS ..... Petitioners

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Through : Mr.Vijay Kinger, Advocate along with petitioners in person.

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versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through : Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel. SI Ompal Singh Rathi, PS Khajoori Khas. R2 in person.

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CORAM:

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HON'BLE MR. JUSTICE S.P.GARG

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O R D E R

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% 10.04.2018

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CRL.M.A.No. 6297/2018 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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W.P.(CRL) 1013/2018

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Present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.1241/2015 registered under Sections 308/34 IPC at PS Khajuiri Khas. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide settlement deed dated 08.03.2018. Learned proxy counsel for the State informs that there are four accused persons i.e. petitioners. He further informs that there is only one victim i.e. respondent No.2. Mohd.Aurangzeb has expired

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Page 1 of 2

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on 30.10.2017. Death certificate is on record. Nature of injuries sustained by the victim is ‘simple’

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Complainant / respondent No.2 is present in person and has been identified by the Investigating Officer. I have enquired from the complainant if he has settled the dispute with the petitioners amicably without any fear or pressure. He has informed that all the disputes between the parties have been resolved amicably with his free consent and he has no objection to the quashing of the FIR in question.

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The petition is supported by affidavits of the parties. Copy of settlement deed dated 08.03.2018 has been placed on record. Cross case registered vide FIR No. 1242/2015 registered under Sections 308/34 IPC at PS Khajuri Khas has also been settled and the FIR therein has been quashed. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.1241/2015 registered under Sections 308/34 IPC at PS Khajuiri Khas and all the proceedings arising therefrom are quashed.

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The petitioners are directed to deposit ` 15,000/- as costs in the Prime Minister Relief Fund within two weeks. Registry shall ensure its compliance.

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The petition stands disposed of accordingly.

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S.P.GARG, J

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APRIL 10, 2018 / tr

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Saddam Hussain & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Saddam Hussain & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

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