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$-33 HIGH COURT OF DELHI
CRL.M.C. 2810/2015
NAJREEN BANG & ORS Petitioners
Through Petitioners with their counsel Mr.Rizwan All, Adv.
CRL.M.C. 2810/2015
NAJREEN BANG & ORS Petitioners
Through Petitioners with their counsel Mr.Rizwan All, Adv.
VERSUS
THE STATE ( GOVT OF NOT OF DELHI ) & ORS Respondent
Through Mr. O.P. Saxena, APP for the State along with SI Braham Pal Singh.
Complainant in person.
Through Mr. O.P. Saxena, APP for the State along with SI Braham Pal Singh.
Complainant in person.
CRL.M.C. 2811/2015
JUHI & ORS Petitioners
Through Petitioners with their counsel Mr.Rizwan Ali, Adv.
JUHI & ORS Petitioners
Through Petitioners with their counsel Mr.Rizwan Ali, Adv.
VERSUS
THE STATE (GOVT OF NOT OF DELHI) & ORS Respondents
Through Mr. O.P. Saxena, APP for the State along with SI Braham Pal Singh.
Complainant in person.
Through Mr. O.P. Saxena, APP for the State along with SI Braham Pal Singh.
Complainant in person.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
17.07.2015 These are two cross FIRs. FIR No.35/2015 has been registered under Sections 323/341/354/506/509/34 of the IPC on the complaint of respondent No. 2 at PS Malviya Nagar. She is present. Her presence has been identified by the Investigating Officer.
Cross FIR No.36/2015 has been registered under Sections
323/341/354-A/34 of the IPC at PS Malviya Nagar on the complaint of respondent No. 2. She is present. Her presence has also been identified by the Investigating Officer.
Parties are living in the same vicinity. The dispute had arisen due to loud music being played in the night hours. This was the bone of
2015:DHC:11234 contention which had led to the cross FIRs is detailed in the respective
FIRs. It is stated that the matter has been settled between the parties on
10.03.2015. The compromise deed is on the record. The petitioner and the complainant have amicably settled their disputes and the complainant has no grievance left against the petitioners. They accordingly prayfor quashing ofthepresent FIR.
Learned APP for the State submits that if at all the present FIRs are permitted to be quashed, they should be subject to costs as the State machinery has been put into motion and the State has also incurred expenses.
Accordingly, FIR No.35/2015 registered under Sections
323/341/354/506/509/34 of the IPC at PS Malviya Nagar and FIR
No.36/2015 registered under Sections 323/341/354-A/34 of the IPC at
PS Malviya Nagar as also all the proceedings emanating therefrom are quashed subject to costs ofRs.25,000/- to be deposited within one week by each ofthe petitioners with the Delhi High Cpurt Legal Services
Committee.
Petitions disposed of.
1/ INDERMEET KAUR, J JULY 17,2015 A 2015:DHC:11234
17.07.2015 These are two cross FIRs. FIR No.35/2015 has been registered under Sections 323/341/354/506/509/34 of the IPC on the complaint of respondent No. 2 at PS Malviya Nagar. She is present. Her presence has been identified by the Investigating Officer.
Cross FIR No.36/2015 has been registered under Sections
323/341/354-A/34 of the IPC at PS Malviya Nagar on the complaint of respondent No. 2. She is present. Her presence has also been identified by the Investigating Officer.
Parties are living in the same vicinity. The dispute had arisen due to loud music being played in the night hours. This was the bone of
2015:DHC:11234 contention which had led to the cross FIRs is detailed in the respective
FIRs. It is stated that the matter has been settled between the parties on
10.03.2015. The compromise deed is on the record. The petitioner and the complainant have amicably settled their disputes and the complainant has no grievance left against the petitioners. They accordingly prayfor quashing ofthepresent FIR.
Learned APP for the State submits that if at all the present FIRs are permitted to be quashed, they should be subject to costs as the State machinery has been put into motion and the State has also incurred expenses.
Accordingly, FIR No.35/2015 registered under Sections
323/341/354/506/509/34 of the IPC at PS Malviya Nagar and FIR
No.36/2015 registered under Sections 323/341/354-A/34 of the IPC at
PS Malviya Nagar as also all the proceedings emanating therefrom are quashed subject to costs ofRs.25,000/- to be deposited within one week by each ofthe petitioners with the Delhi High Cpurt Legal Services
Committee.
Petitions disposed of.
1/ INDERMEET KAUR, J JULY 17,2015 A 2015:DHC:11234
JUDGMENT