Koshy Abraham v. Govt of NCT of Delhi & Ors

Delhi High Court · 17 Nov 2015 · 2015:DHC:11333
Indermeet Kaur
CRL.M.C. 4412/2015
2015:DHC:11333
criminal petition_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a neighborly dispute after amicable settlement, subject to payment of costs to the State.

Full Text
Translation output
$-8 & 9 HIGH COURT OF DELHI
CRL.M.C. 4412/2015
KOSHY ABRAHAM .....Petitioner
Through Mr. AshrafYusu Khan, Advocate with petitioner in person.
VERSUS
GOVT OF NCT OF DELHI & ORS Respondents
Through Mr. Tarang Srivastava, APP with ASI Phool Chand
CRL.M.C. 4413/2015
MANISH & ANR Petitioners
Through Mr. J.S.Mishra, Advocate.
VERSUS
GOVT OF NCT OF DELHI & ORS Respondents
Through Mr. Tarang Srivastava, APP with ASI Phool Chand
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
17.11.2015 These joint petitions have been filed by the petitioners and respondents no.2 seeking quashing of cross FIRs i.e. FIR NO. 472/2015 registered under Sections 354A/323 of the IPC at police station Mundaka on the complaint of Archana Batra and FIR NO. 2015:DHC:11333 471/2015 under sections 354B/323/341/34 IPG at PS Mundaka on the complaint ofKoshy Abraham. Gomplainants are present in person in
Gourt, Presence of the complainants have been identified by the
Investigating Officer.
Gontents ofboth the FIRs have been perused.
It is stated that all are neighbours and the present cross FIRs have been registered due to misunderstanding and misapprehension and now with the intervention of the elders of the society the parties have settled their disputes and they have no grievance or complaint left against one another. They accordingly pray that these cross FIRs be quashed.
Learned APP for the State submits that if at all the present FIRs are permitted to be quashed it should be quashed subject to costs as the State machinery has been put in to motion and the State has incurred expenses; charges have been framed in these FIRs and the matters are fixed for evidence.
Accordingly, FIR No. 472/2015 registered under Sections
354A/323 of the IPG at police station Mundaka and FIR NO. 471/2015 under sections 354B/323/341/34 IPG at PS Mundaka as also the proceedings emanating therefrom are quashed subject to payment of Rs.20,000/- to be deposited by the petitioner in each petition in the account ofDelhi High Gourt Employees Welfare Fund.
Petitions disposed of.
INDERMEET KAUR, J NOVEMBER 17,2015 gb 2015:DHC:11333
JUDGMENT