Partly allowed

Kamal Akhtar & Ors. v. the State Gnct of Delhi & Ors.

Delhi HC5 Sept 2024CRL.M.C./7017/2024

Case brief

AI extract

What is this about?

Single bench order allowing an application for condonation of delay and quashing of two FIRs. The court accepted a compromise deed signed by the parties, noted the State's objection was absent, and relied on Supreme Court precedents to quash the FIRs and close proceedings to ensure peace and harmony.

What did the court decide?

Condonation of about 15 days' delay in re-filing CRL.M.C. No.7017/2024 allowed; FIR No. 44/2014 and FIR No. 43/2014 under IPC sections 34/323/341/452/354/509/527/506 quashed; all proceedings closed.

Kamal Akhtar & Ors. Vs the State Gnct of Delhi & Ors. — Quashing and FIR | Delhi HC (2024)

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$~52 & 20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7017/2024 KAMAL AKHTAR & ORS. .....Petitioners

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Through: Mr. Pavitra Veer Singh, Ms. S. Gupta Mr. Vikram Singh, Advocates.

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versus

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THE STATE GNCT OF DELHI & ORS. .....Respondents

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Through: Mr. Utkarsh, APP for the State with SI Shalini, P.S. : Zafrabad.

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- CRL.M.C. 5452/2024 MUBARAK KHAN & ANR. .....Petitioners

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Through: Mr. Vinay Kumar, Mr. Mandeep Singh and Mr.Varun Bhandari, Advocates.

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versus

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THE STATE GNCT OF DELHI & ORS. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Shalini, P.S. : Zafrabad.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 05.09.2024

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CRL.M.A. 26771/2024 in CRL.M.C. 7017/2024 (exemption) CRL.M.A. 20879/2024 in CRL.M.C. 5452/2024 (exemption)

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Exemptions granted, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The applications stand disposed-of.

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CRL.M.A. 26772/2024 in CRL.M.C. 7017/2024

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By way of the present application filed under section 482 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’), the petitioners seek

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CRL.M.C. 7017/2024 & CRL.M.C. 5452/2024

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Page 1 of 3

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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 18/09/2024 at 12:27:40

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condonation of about 15 days’ delay in re-filing CRL.M.C. No.7017/2024.

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For the reasons stated in the application, which is not opposed, the application is allowed.

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Delay in re-filing CRL.M.C. No. 7017/2024 is condoned.

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CRL.M.C. No. 7017/2024 is taken on Board.

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The application is disposed-of.

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CRL.M.C. 7017/2024

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CRL.M.C. 5452/2024

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By way of CRL.M.C. No.7017/2024 filed under section 482 Cr.P.C., the parties seek quashing of case FIR No. 44/2014 dated 31.01.2014 registered under sections 452/354/323/509/427/506/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Zafrabad, Delhi; and by way of CRL.M.C. No. 5452/2024 filed under section 482 Cr.P.C., the parties seek quashing of case FIR No.43/2014 dated 30.01.2014 registered under sections 341/323/509/34 IPC at P.S.: Zafrabad, Delhi.

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The petitions are premised on Compromise Deed dated 20.03.2024, whereby the parties have resolved the matter amicably.

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The petition is supported by affidavits of the parties, alongwith proofs of their I.D.s.

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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The court has interacted with the parties, who have confirmed that they have now resolved the matter and a Compromise Deed dated

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CRL.M.C. 7017/2024 & CRL.M.C. 5452/2024

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Page 2 of 3

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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 18/09/2024 at 12:27:40

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20.03.2024 has been signed by them closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Mr. Utkarsh , learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIRs and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIRs and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Accordingly, FIR No. 44/2014 dated 31.01.2014 registered under sections 452/354/323/509/427/506/34 IPC at P.S.: Zafrabad, Delhi and FIR No.43/2014 dated 30.01.2014 registered under sections 341/323/509/34 IPC at P.S.: Zafrabad, Delhi. are quashed. All proceedings arising therefrom also stand closed.

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