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$-28 & 30 HIGH COURT OF DELHI W.P.rCRL^ 2446/2nLS
BALWAN & ORS Petitioners
Through Mr.Abhishek Kaushik,Advocate
BALWAN & ORS Petitioners
Through Mr.Abhishek Kaushik,Advocate
VERSUS
STATE OF NCT OF DELHI Respondent
Through Ms.Kamna Vohra,ASC(Crl.)
SI Uday Singh,P.S.Bawana
Through Ms.Kamna Vohra,ASC(Crl.)
SI Uday Singh,P.S.Bawana
W.P.ICRLI 2448/2015
NITIN & ORS Petitioners
Through Mr.Sandeep Kaushik,Advocate
NITIN & ORS Petitioners
Through Mr.Sandeep Kaushik,Advocate
VERSUS
STATE OF NCT OF DELHI& ORS Respondents
Through Ms.Kamna Vohra,ASC(Crl.)
SI Uday Singh,P.S.Bawana
Through Ms.Kamna Vohra,ASC(Crl.)
SI Uday Singh,P.S.Bawana
CORAM:
HON'BLE MR.JUSTICE SIDDHARTH MRIDUL
20.10.2015 The present are the petitions under Article 226 ofthe Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No. 505/2015 under
Sections 146/147/148/323/324/336/506 IPC registered at Police Station-
Bawana, Delhi and the other FIR bearing no. 503/2015 under Sections
146/147/148/323/324/336/506 IPC registered at Police Station- Bawana, 2015:DHC:11086
Delhi and the proceedings arising therefrom.
The FIR No. 505/2015 has been registered on a complaint filed by
Nitin whereasthe FIRNo.503/2015 has been registered on acomplaintfiled by Balwan.
The above stated FIRs were registered as a consequence of an altercation between two groups of young boys. It has been alleged that knives were used during the scuffle between the parties and gunshots were fired in the air.
Nitin, the complainant in FIR No. 505/2015 and Balwan, the complainant in FIR No.503/2015 are present in Court today and have been duly identified by the Investigating Officer in the subject FIRs namely SI
Uday Singh,Police Station- Bawana,Delhi. Both the complainants state in unison thatthey have amicably resolved all their differences which led to the registration of both the FIRs and in view ofthe amicable resolution of all their outstanding disputes, they are no longer keen to proceed with the subjectFIRs and the proceedings arising therefirom.
In the present case, it is observed that the subject FIRs do not fall within the exempted categories ofserious/heinous offences which ought not to be quashed on the ground ofan amicable resolution ofthe disputes.
The offences alleged to have been committed in the subject FIRs are private in nature and do not have a serious impact on society. However,the accused in the subject FIRs are warned to mend their behaviour and conduct themselves in a civilized manner for a period ofone year from today failing which the quashing ofsubjectFIRs may be re-considered.
Resultantly, FIR No. 505/2015 under Sections 146/147/148/323/324/336/506 IPG registered at Police Station- Bawana, 2_
Delhi and FIR No.503/2015 under Sections U6l\AllUm23/32AI?>W5Q6
IPG registered atPolice Station-Bawana,Delhiandtheproceedings arising therefrom are hereby set aside and quashed qua the respective petitioners subject to each one ofthem depositing a sum ofRs.5,000/-(Rupees Five
Thousand)with the Delhi Police Welfare Society, within a period oftwo weeksfrom today.ThereceiptthereofshallbefurnishedtotheInvestigating
Officer in the subjectFIR namely SI Uday Singh,Police Station- Bawana, Delhi.
With the above said directions,the present writ petitions are allowed and disposed ofaccordingly.
'(7^ ^ SIDD^RTH MRIDUL,J OCTOBER 20,2015 sd
20.10.2015 The present are the petitions under Article 226 ofthe Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No. 505/2015 under
Sections 146/147/148/323/324/336/506 IPC registered at Police Station-
Bawana, Delhi and the other FIR bearing no. 503/2015 under Sections
146/147/148/323/324/336/506 IPC registered at Police Station- Bawana, 2015:DHC:11086
Delhi and the proceedings arising therefrom.
The FIR No. 505/2015 has been registered on a complaint filed by
Nitin whereasthe FIRNo.503/2015 has been registered on acomplaintfiled by Balwan.
The above stated FIRs were registered as a consequence of an altercation between two groups of young boys. It has been alleged that knives were used during the scuffle between the parties and gunshots were fired in the air.
Nitin, the complainant in FIR No. 505/2015 and Balwan, the complainant in FIR No.503/2015 are present in Court today and have been duly identified by the Investigating Officer in the subject FIRs namely SI
Uday Singh,Police Station- Bawana,Delhi. Both the complainants state in unison thatthey have amicably resolved all their differences which led to the registration of both the FIRs and in view ofthe amicable resolution of all their outstanding disputes, they are no longer keen to proceed with the subjectFIRs and the proceedings arising therefirom.
In the present case, it is observed that the subject FIRs do not fall within the exempted categories ofserious/heinous offences which ought not to be quashed on the ground ofan amicable resolution ofthe disputes.
The offences alleged to have been committed in the subject FIRs are private in nature and do not have a serious impact on society. However,the accused in the subject FIRs are warned to mend their behaviour and conduct themselves in a civilized manner for a period ofone year from today failing which the quashing ofsubjectFIRs may be re-considered.
Resultantly, FIR No. 505/2015 under Sections 146/147/148/323/324/336/506 IPG registered at Police Station- Bawana, 2_
Delhi and FIR No.503/2015 under Sections U6l\AllUm23/32AI?>W5Q6
IPG registered atPolice Station-Bawana,Delhiandtheproceedings arising therefrom are hereby set aside and quashed qua the respective petitioners subject to each one ofthem depositing a sum ofRs.5,000/-(Rupees Five
Thousand)with the Delhi Police Welfare Society, within a period oftwo weeksfrom today.ThereceiptthereofshallbefurnishedtotheInvestigating
Officer in the subjectFIR namely SI Uday Singh,Police Station- Bawana, Delhi.
With the above said directions,the present writ petitions are allowed and disposed ofaccordingly.
'(7^ ^ SIDD^RTH MRIDUL,J OCTOBER 20,2015 sd
JUDGMENT