Allowed

Asfak & Ors. v. the State Govt of NCT of Delhi & Anr.

Delhi HC8 Aug 2024W.P.(CRL)/3462/2023

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition to quash an FIR registered under sections 308, 323, 341, and 34 of the IPC following a settlement between the parties regarding a domestic dispute, reinstating the supremacy of the settlement.

What did the court decide?

The FIR No. 38/2018 registered at Police Station Gokulpuri, Delhi, along with subsequent proceedings and the charge sheet, was quashed.

Asfak & Ors. Vs the State Govt of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3462/2023

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ASFAK & ORS.

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.....Petitioner Through: Mr. Afsan Ali and Syed Ajmal Hasan, Advocates.

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR.

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.....Respondent Through: Mr. Anand V. Khatri, Ld. ASC for State with SI Ajit Krishna, P.S. Gokulpuri. Mr. Z.R. Shamsi, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 08.08.2024

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A Petition under Article 226 of the Constitution of India read with Section 482 Cr.PC, has been filed by the four accused/petitioners, namely, Asfak, Shahabuddin, Khalid and Bablu, for quashing of the FIR bearing No. 38/2018 under Sections 308/323/341/34 IPC, registered at Police Station Gokulpuri, Delhi.

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It is stated that on 20.01.2018 due to misunderstanding between the petitioners and respondents dispute arose between the parties which turned into ugly stage of fighting and receiving injuries on both sides and thereafter after cross FIR were registered.

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It is submitted that the petitioners and respondents are well known to

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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 14/08/2024 at 11:43:48

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each other from last many years and maintain good relations. With the intervention of well wishers, friends and relatives of both the parties, they have already sorted out their all differences and they have left with no grudge or grievance against each other in any manner whatsoever. Therefore, the Petition be quashed.

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The complainants are present in the Court and submit that the matter stands settled with all the four accused/petitioners and they have no objection if the FIR is quashed against the petitioners on account of the settlement already arrived at between the parties.

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The parties have reaffirmed the terms of the settlement arrived at between them vide Settlement/Memorandum of Understanding dated 23.10.2023 and they also submit that the said Settlement has been arrived at between the parties without any pressure and coercion and that they shall remain bound by the terms of the Settlement.

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In view of the submissions made, the Petition is allowed. Accordingly, the FIR bearing No. 38/2018 registered at Police Station Gokulpuri, Delhi, for offences punishable under Sections 308/323/341/34 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the accused persons/petitioners. 7. The Petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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AUGUST 8, 2024/va

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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 14/08/2024 at 11:43:48

Asfak & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Asfak & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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