Allowed

Raees Ahmed & Ors. v. State (through SHO Ps Jaitpur) & Anr.

Delhi HC8 Jul 2024CRL.M.C./2478/2024

Case brief

AI extract

What is this about?

Cross FIRs between neighbouring families over a parking scuffle were quashed after a settlement; complainant witnesses retracted allegations including under Section 376 IPC and POCSO. The Court held chances of conviction remote and quashed both FIRs subject to costs deposited with the Delhi Police Welfare Fund.

What did the court decide?

FIR Nos. 100/2018 and 102/2018 (PS Jaitpur) and proceedings therefrom quashed, subject to Rs.15,000/- deposit per petitioner with Delhi Police Welfare Fund.

Raees Ahmed & Ors. Vs State (through SHO Ps… — Child Sexual Offences (POCSO) | Delhi HC (2024)

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$~2 & 3

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2478/2024 & CRL.M.A. 9439/2024. RAEES AHMED & ORS. .....Petitioner

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Through: Mr. Yogesh Sharma Mr. Yogeshwer Singh Ms. Pratima Ravi and Mr. Yugant Parihar, Advs.

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versus

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STATE (THROUGH SHO PS JAITPUR) & ANR. .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Rajesh Chauhan, PS Jaiputpur

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3+ CRL.M.C. 2596/2024 & CRL.M.A. 9903/2024

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MAZHRUDDIN & ORS. .....Petitioner

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Through: Mr. Yogesh Sharma Mr. Yogeshwer Singh Ms. Pratima Ravi and Mr. Yugant Parihar, Advs.

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versus

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STATE (THROUGH SHO PS JAITPUR) & ANR. .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Rajesh Chauhan, PS Jaiputpur

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 08.07.2024

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These petitions have been filed seeking quashing of cross FIR Nos. 100/2018 and 102/2018 both registered at PS Jaitpur under Sections 323/354/354(B)/376/379/452/506/509/34 IPC and Section 6 and 4 & 8 POCSO Act, filed by families of two immediate neighbours.

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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 02/07/2025 at 08:33:03

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It is stated that these FIRs were registered on basis of a minor scuffle that broke out between neighbours on the issue of parking. Settlement dated 18^th August 2023 has now been arrived at, where it is stated that under misguidance of neighbours, they made serious frivolous allegations against each other. It is further stated that since trial was already underway, evidence has been recorded on behalf of complainant. Even in their testimonies, witnesses have stated that there was a minor scuffle and they had provided wrong facts to police officials, in particular allegations relating to Section 376 IPC and POCSO.

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The parties are present before the Court and have been duly identified by the IO and their respective counsels. Complainants in both these cases confirm these facts. 4. APP for the State however objects to quashing of these FIRs considering the charges framed against the parties and since the trial has already commenced.

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The Court has perused the evidence tendered before the Trial Court and on this basis, in any event, cannot result in conviction considering the testimonies are consistent regarding a minor scuffle and wrongly trumpedup charges.

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In the peculiar circumstances, this Court is inclined to quash the above noted FIRs subject to all three petitioners in both sets of matters depositing Rs.15,000/- each with Delhi Police Welfare Fund within a period of 8 weeks from now. Confirmation of the deposit shall be placed on affidavit within 2 weeks thereafter.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer.

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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 02/07/2025 at 08:33:03

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Accordingly, the petitions are allowed and FIR Nos. 100/2018 and 102/2018 both registered at PS Jaitpur under Sections 323/354/354(B)/376/379/452/506/509/3 IPC and Section 6 and 4 & 8 POCSO Act and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, both these petitions are disposed of. Pending applications are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 8, 2024/sm

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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 02/07/2025 at 08:33:03

Raees Ahmed & Ors. v. State (through SHO Ps Jaitpur) & Anr.

Case brief

What is this about?

What did the court decide?

Raees Ahmed & Ors. v. State (through SHO Ps Jaitpur) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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