FAIZAN AKHTAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Faizan Akhtar, Mohd. Bilal and Nadeem for quashing of FIR No.479/2012 dated 14.06.2012, under Sections 323/325/427/459/34 IPC registered at Police Station Jamia Nagar on the basis of the compromise deed arrived at between the petitioners and respondent no.2, namely, Mohd. Qasim Khan @ Babu on 01.04.2014 at New Delhi.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first -informant in the FIR in question by his counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged by the complainant on the allegation that the complainant along with Abdullah were coming from Sarita Vihar in a car. When they reached their house, the complainant saw Bilal standing there and the complainant requested him to remove his motorcycle so that he could park his car. Abdullah also requested them on which they slapped him. The complainant came out of the car and Bilal along with his friends started beating him and his friend. One of the accused persons even broke the glass of the car with a rod. The complainant along with his friend rushed into their house and then the accused persons even entered the house by breaking the gate and damaged their vehicle. The petitioners were arrested on 15.06.2012 and they were later admitted on bail by the trial court. The IO filed the charge sheet and the Court framed the charges under Sections 323/325/459/427/34 IPC. During the pendency of the trial, parties arrived at an amicable settlement with each other.