LAWS(DLH)-2015-10-98

RAISUDDIN AND ORS. Vs. AZHAR AND ORS.

Decided On October 16, 2015
Raisuddin And Ors. Appellant
V/S
Azhar And Ors. Respondents

JUDGEMENT

(1.) VIDE the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 318/2013 registered at Police Station Jamia Nagar, New Delhi for the offences punishable under Sections 323/324/427/506/34 of the IPC and the consequential proceedings emanating therefrom against them.

(2.) LEARNED counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No. 1, Mohammad Azhar on a scuffle took place due to misunderstanding, wherein he received injuries. In the scuffle cross -case vide No. 317/2013 was also registered, for which Crl M C No. 4317/2015 has been filed by the parties. The police charge sheeted the petitioners and after framing of charges, matter is pending for trial before learned Trial Court. Meanwhile, the petitioners have settled their disputes with the respondent No. 1 due to intervention of common friends and respectable members of the society as both sides are living in the same vicinity. Pursuant to such settlement, respondent No. 1 does not wish to pursue his case against petitioners and has no objection, if the present petition is allowed.

(3.) LEARNED Additional Public Prosecutor appearing on behalf of the State submits that chargesheet has been filed by the police against the petitioners and matter is pending for trial against them after framing of charges. Since the parties have amicably settled the matter and the respondent No. 2/complainant does not wish to pursue the case against the petitioners, therefore, looking to the overall circumstances, no useful purpose will be served in continuing the proceedings. Thus, the State has no objection if the present petition is allowed.