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2025 DAILYLAW 43676 (DEL)

ZAKHIR KURESHI & ORS. v. STATE OF DELHI & ORS.

CRL.M.C./6123/2022 · 2025-05-07

Swarana Kanta Sharma

body2025

Judgment text

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$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6123/2022 ZAKHIR KURESHI & ORS. .....Petitioners Through: Mr. D.K. Singh, Advocate alongwith petitioners in person versus STATE OF DELHI & ORS. .....Respondents Through: Mr. Manoj Pant, APP for the State with Ms. Puja Mann, Advocate and SI Satyam Pandey Mr. Ajay Bahl, Mr. Vikash Sharma and Ms. Deepiksha Bhatt, Advocates for R-2 alongwith R-2 in person CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 07.05.2025 1. By way of the instant petition, the petitioners seek quashing of the FIR bearing No. 394/2014, registered at Police Station Greater Kailash, New Delhi, for the offences punishable under Sections 308/392/34 of the Indian Penal Code, 1860 (hereafter ‘IPC'). 2. All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station Greater Kailash, New Delhi. 3. Brief facts of the case are that on 07.09.2014, a quarrel took place between the petitioners and respondent no. 2 and 3 on trivial matters. Upon the complaint of respondent no.2/complaint, the present FIR was got 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 15/05/2025 at 12:32:19 registered against the petitioners, initially for the commission of offence punishable under Section 308/34 of IPC, at Police Station Greater Kailash, New Delhi. After completion of investigation, the chargesheet was filed for commission of offence punishable under Section 308/392/34 of IPC, before the concerned Court. During the pendency of the present case, with the intervention of respectable persons of the locality, both the parties have arrived at a compromise vide Settlement Deed/Compromise Deed dated 19.10.2022. 4. The learned counsel appearing on behalf of respondents states that respondent no. 2 had unfortunately passed away on 27.10.2020. 5. On a query made by this Court, respondent no. 3 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. Therefore, he has no objection, if the FIR is quashed. 6. In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 7. Accordingly, FIR bearing No. 394/2014, registered at Police Station Greater Kailash, New Delhi, for the offences punishable under Sections 308/392/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to the petitioners depositing the cost of Rs.10,000/- each with the Advocates Welfare Fund, Saket Courts, New Delhi within fifteen days. 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 15/05/2025 at 12:32:19 8. In view of the above, the present petition stands disposed of. 9. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 07, 2025/ns Click here to check corrigendum, if any 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 15/05/2025 at 12:32:19