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$-26 & 27 HIGH COURT OF DELHI
W.P.(CRL)2190/2015
VINITA LAMBA & ORS
Through STATE & ANR
W.P.(CRL)2190/2015
VINITA LAMBA & ORS
Through STATE & ANR
VERSUS
Through
W.P.(CRL)2194/2015
SANDEEP LAMBA
Through STATE & ANR Petitioners Ms.Priya Darshini Arora, Advocate along with petitioners in person.
Respondents Mr.Ashish Aggarwal, Addl. Standing
Counsel for the State along with SI Veena.
Ms.Ritu Sobti, Advocate along with respondent no.2 in person.
Petitioner Ms.Ritu Sobti, Advocate along with petitioner in person.
Respondents Mr.Ashish Aggarwal, Addl. Standing
Counsel for the State along with SI Veena.
Ms.Priya Darshini Arora, Advocate along with respondent in person.
SANDEEP LAMBA
Through STATE & ANR Petitioners Ms.Priya Darshini Arora, Advocate along with petitioners in person.
Respondents Mr.Ashish Aggarwal, Addl. Standing
Counsel for the State along with SI Veena.
Ms.Ritu Sobti, Advocate along with respondent no.2 in person.
Petitioner Ms.Ritu Sobti, Advocate along with petitioner in person.
Respondents Mr.Ashish Aggarwal, Addl. Standing
Counsel for the State along with SI Veena.
Ms.Priya Darshini Arora, Advocate along with respondent in person.
CORAM:
HON'BLE MS.JUSTICE INDERMEET KAUR
30.09.2015 Crl.M.A.N.14445/2015 in W.P.fCRL)2190/2015
Crl.M.A.N.14459/2015 in W.P.ICRLl 2194/2015 Exemption is allowed subject to Just exceptions. Applications disposed of.
30.09.2015 Crl.M.A.N.14445/2015 in W.P.fCRL)2190/2015
Crl.M.A.N.14459/2015 in W.P.ICRLl 2194/2015 Exemption is allowed subject to Just exceptions. Applications disposed of.
W.P.ICRLI 2190/2015
W.P.(CRL)2194/2015
VERSUS
Through 2015:DHC:11073 These are two joint petitions seeidng quashing of two cross
FIRs i.e. FIR nos.427/2015 and FIR No.428/20I5. FIR No.427/2015 has been under Sections 354/509/323 ofthe IPC on the complaint of
Vinita Lamba. She is present in the Court today. Her presence has been identified by the Investigating Officer. FIR No.428/2015 has been registered under Sections 353/451/34 of the IPC on the complaint ofPromila Lamba. She is also present in the Court today and her presence has also been identified by the Investigating Officer.
^y Both the FIRs have been registered at police station Rajender Nagar.
This Court notes that the parties are closely related. Vinita
Lamba is living on the ground floor. Her husband is the cousin of
Sandeep Lamba(son of Promila Lamba i.e. the complainant in FIR
No.428/2015). The family of Vinita Lamba is in occupation ofthe ground floor of the property i.e. property bearing no.R-610, New
Rajinder Nagar and the family ofPromila Lamba is in the occupation of first floor and the second floor. The parties have arrived at a settlement before the Mediation Centre, Tis Hazari Courts on
07.8.2015, the settlement signed by all the respective parties is on record. In tenns ofthis settlement, it has been agreed that the family of Vinita Lamba will have free access to the terrace which is in joint occupation ofthe family of Vinita Lamba and Promila Lamba. The keys ofthe terrace and floor levels have been handed over to Vinita
Lamba.
It has been agreed that the bolts which have been fixed on the doors at the various levels/floors will be removed by Promila Lamba and her family and to address the concern of Promila Lamba qua security hazards it has been agreed that the iron grill door on the ground floor shall be replaced with a Godrej/a good standardized lock and the keys of which will be shared by both Vinita Lamba and
Promila Lamba. The bolts shall be removed within a period of four days and the lock shall be affixed atthe ground floor/level door.
Learned counsel for the State submits that it at all the prayers made in the petitions are allowed and the FIRs are permitted to be quashed it should be subject to costs as the State has incurred expenses and they have wasted precious time ofthe Court as well.
Noting the above factual matrix and the faet that the families of both the petitioners in the respective FIRs having brought their grievances to a close but also noting the submission of the learned counsel for the State while allowing the prayers made in the present petitions and quashing the FIR No.427/2015 registered Sections
354/509/323 ofthe IPG as also the FIR No.428/2015 registered under
Sections 353/451/34 ofthe IPG registered at police station Rajender
Nagar and all the proceedings emanating therefrom,the petitioners(in each petition)are burdened with costs ofRs.20,000/- to be deposited bythem withthe DelhiHigh CourtLegal Services Committee.
Petitions disposed of.
INDERMEET KAUR,J SEPTEMBER 30,2015 ndn
FIRs i.e. FIR nos.427/2015 and FIR No.428/20I5. FIR No.427/2015 has been under Sections 354/509/323 ofthe IPC on the complaint of
Vinita Lamba. She is present in the Court today. Her presence has been identified by the Investigating Officer. FIR No.428/2015 has been registered under Sections 353/451/34 of the IPC on the complaint ofPromila Lamba. She is also present in the Court today and her presence has also been identified by the Investigating Officer.
^y Both the FIRs have been registered at police station Rajender Nagar.
This Court notes that the parties are closely related. Vinita
Lamba is living on the ground floor. Her husband is the cousin of
Sandeep Lamba(son of Promila Lamba i.e. the complainant in FIR
No.428/2015). The family of Vinita Lamba is in occupation ofthe ground floor of the property i.e. property bearing no.R-610, New
Rajinder Nagar and the family ofPromila Lamba is in the occupation of first floor and the second floor. The parties have arrived at a settlement before the Mediation Centre, Tis Hazari Courts on
07.8.2015, the settlement signed by all the respective parties is on record. In tenns ofthis settlement, it has been agreed that the family of Vinita Lamba will have free access to the terrace which is in joint occupation ofthe family of Vinita Lamba and Promila Lamba. The keys ofthe terrace and floor levels have been handed over to Vinita
Lamba.
It has been agreed that the bolts which have been fixed on the doors at the various levels/floors will be removed by Promila Lamba and her family and to address the concern of Promila Lamba qua security hazards it has been agreed that the iron grill door on the ground floor shall be replaced with a Godrej/a good standardized lock and the keys of which will be shared by both Vinita Lamba and
Promila Lamba. The bolts shall be removed within a period of four days and the lock shall be affixed atthe ground floor/level door.
Learned counsel for the State submits that it at all the prayers made in the petitions are allowed and the FIRs are permitted to be quashed it should be subject to costs as the State has incurred expenses and they have wasted precious time ofthe Court as well.
Noting the above factual matrix and the faet that the families of both the petitioners in the respective FIRs having brought their grievances to a close but also noting the submission of the learned counsel for the State while allowing the prayers made in the present petitions and quashing the FIR No.427/2015 registered Sections
354/509/323 ofthe IPG as also the FIR No.428/2015 registered under
Sections 353/451/34 ofthe IPG registered at police station Rajender
Nagar and all the proceedings emanating therefrom,the petitioners(in each petition)are burdened with costs ofRs.20,000/- to be deposited bythem withthe DelhiHigh CourtLegal Services Committee.
Petitions disposed of.
INDERMEET KAUR,J SEPTEMBER 30,2015 ndn
JUDGMENT