Mohd Khalid v. State
Case brief
What is this about?
The Delhi High Court allowed a criminal petition seeking quashing of an FIR under Sections 308/34 IPC. The Court quashed the FIR and proceedings, finding the chance of conviction remote given the settlement between neighbours and the unnecessary burden on the State.
What did the court decide?
FIR No.730/2023 and all proceedings therefrom under Sections 308/34 IPC are quashed.
What the court decided
$~28
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 2014/2024
MOHD KHALID .....Petitioner
Through: Mr. Abdul Kadir and Mr. Salman, Advs. versus STATE .....Respondent Through: Mr. Amit Ahlawat, APP for the State. Mr. Md. Tasleem, Mr. Nadeem Ahmed and Mr. Saif-ul-Haq, Advs. for R-2 & 3.
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R % 05.08.2024
- This petition has been filed seeking quashing of FIR No.730/2023 PS Dayalpur under Sections 308/34 IPC on the basis of a settlement arrived at between the parties dated 26th February, 2024 which is on record of this Court. It is stated that the petitioner and the complainants are neighbours and the issue arose out of some altercation between them. As per the settlement, they have sorted out their disputes.
- An amount of Rs.2 Lacs was agreed to be paid by the petitioner to the complainants, out of which an outstanding amount of Rs.15,000/- has been paid to respondent No.2 in Court. The petitioner and respondent Nos.2 and 3/complainants are present in Court and duly identified by the IO.
Issues for consideration
2 issues framed by the court
Whether the FIR under Sections 308/34 IPC can be quashed upon settlement between parties.
Whether continuing proceedings would be a misuse of the process of the Court.
Parties & counsel
- petitioner
MOHD KHALID
- respondent
STATE
Coram
Anish Dayal
Case details
As recorded by the court registry
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