Disposed

Amjad Khan & Ors. v. State & Anr.

Delhi HC5 Jul 2024W.P.(CRL)/2048/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIR for trespass and theft arising from a family property dispute. The dispute was settled by a Compromise Deed dated 24.02.2023. The court found the settlement voluntary and quashed the FIR and proceedings pursuant thereto.

What did the court decide?

FIR No.42/2023 (Sections 448/379/467/120B IPC) at PS Madhu Vihar, Delhi quashed along with proceedings pursuant thereto.

Amjad Khan & Ors. Vs State & Anr. — Quashing and FIR | Delhi HC (2024)

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$~4

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2048/2023

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AMJAD KHAN & ORS.

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.....Petitioner Through: Mr. Paramjeet Singh, Advocate along with petitioners in person.

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versus

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STATE & ANR.

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.....Respondents Through: Mr. Yasir Rauf Ansari, ASC for State along with Alok Sharma and Vasu Agarwal, Advocates with SI P. Buno, P.S. Madhu Vihar. Mr. Rahisuddin respondent No.2 in person.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 05.07.2024 1. The present Petition under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C., 1973” ) has been filed on behalf of the petitioner for quashing of FIR No.42/2023 registered under Sections 448/379/467/120B of the Indian Penal Code, 1860 (hereinafter referred to as “IPC, 1860” ) at Police Station Madhu Vihar, Delhi.

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Brief facts of the case are that on the complaint of respondent No.2, the police of P.S. Madhu Vihar, Delhi registered an FIR against the petitioners for allegedly breaking the seal of MCD (East) trespassed in the property bearing No.B-97, Joshi Colony, I.P. Exten., Patparganj, Delhi and

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:06:02

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further sold the household articles lying therein.

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It is submitted on behalf of the petitioner that the parties are related and it was essentially a fight of ego. With the intervention of the family members, the matter has now been amicable settled between the parties and the root of the dispute was some property issue which now stands settled vide Compromise Deed dated 24.02.2023. It is agreed that the petitioners shall not claim any right, title or interest in the aforesaid property and that the petitioner No.1 shall not pursue his Civil Suit No.991/202 filed by petitioner No.2 against respondent No.2.

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In view of the Compromise Deed dated 24.02.2023, the present petition has been filed.

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The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 6. The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 24.02.2023 and thus, no fruitful purpose will be served in continuing with the FIR.

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The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 24.02.2023 and they also submit that the said Compromise Deed dated 24.02.2023 has been arrived at between the parties without any pressure and coercion.

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose will be served in continuing with the proceedings. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 42/2023 registered at Police Station Madhu Vihar, Delhi, for offences punishable under Section 448/379/467/120B of IPC, 1860 is quashed. 11. The petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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JULY 5, 2024/va

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:06:02

Amjad Khan & Ors. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Amjad Khan & Ors. v. State & Anr.

Case brief

What is this about?

What did the court decide?

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