Allowed

Muzammil Khan & Anr. v. State of NCT of Delhi & Anr.

Delhi HC23 Aug 2024CRL.M.C./6623/2024

Case brief

AI extract

What is this about?

Quashing petition over an FIR arising from a neighbourly scuffle with simple injury, resolved by settlement. The complainant did not wish to pursue the matter; petitioners undertook community service. The Court allowed the petition and quashed the FIR and proceedings.

What did the court decide?

FIR No. 349/2006 under Sections 308/34 IPC P.S. Gokalpuri and proceedings emanating therefrom quashed; pending applications disposed of as infructuous.

Muzammil Khan & Anr. Vs State of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6623/2024 & CRL.M.A. 25276/2024 &

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CRL.M.A.25323/2024

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MUZAMMIL KHAN & ANR. .....Petitioners

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Through: Mr. Md. Zahid and Mr. Brahm Kumar Pandey, Advs.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Hitesh Vali, APP for the State with SI Ajit, PS Gokalpuri.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 23.08.2024

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This petition has been filed seeking quashing of FIR No. 349/2006 under Sections 308/34 IPC P.S. Gokalpuri on the basis of a settlement arrived at between the parties dated 20^th August, 2024 which is on record of this Court.

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An FIR had been registered on the basis that there was a scuffle which resulted between the neighbours, on the ground of installing a wire near the complainant’s house. The injury, as per the charge-sheet, was simple.

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The petitioner Nos.1-2 and respondent No.2/complainant are present before this Court and duly identified by the IO. The complainant states that he does not wish to pursue this matter any further and they have resolved their issue.

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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 28/08/2024 at 12:26:57

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Petitioners are ready to commit to community service, in that they will serve food to the poor children of the local area at Mecca Masjid, DLF, Ankur Vihar, Loni, Ghaziabad on two occasions. An affidavit of compliance along with photographs shall be placed on record of the Court.

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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. Accordingly, the petition is allowed. Consequently, the FIR No. 349/2006 under Sections 308/34 IPC P.S. Gokalpuri and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any)

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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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AUGUST 23, 2024/MK

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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 28/08/2024 at 12:26:57

Muzammil Khan & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Muzammil Khan & Anr. v. State of NCT of Delhi & Anr.

Case brief

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What did the court decide?

What the court decided

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