Satya Prakash Tanwar & Ors v. State (Govt of NCT of Delhi) & Anr

Delhi High Court · 09 Jul 2015 · 2015:DHC:11178
Indermeet Kaur
CRI..M.C. 5928/2014
2015:DHC:11178
criminal petition_allowed

AI Summary

The Delhi High Court quashed two cross FIRs registered under IPC and SC/ST Act following an amicable settlement between neighbors, subject to payment of costs to the State.

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$-5 &6 HIGH COURT OF DELHI
CRI..M.C. 5928/2014
SATYA PRAKASH TANWAR & ORS Petitioners
Through Petitioners with their counsel Mr. S.C.
Singhal and Mr. Pradeep Verma. Advs.
VERSUS
STATE (GOVT OF NCT OF DELHI) ANR Respondents
Through Ms. Kusum Dhalla, APP for the State along with AGP Dinesh Tiwari and ASl Virender
Singh.
Complainant with his counsel Mr. Varun Rai Sharma. Adv.
CRL.M.C. 5929/2014
SIJRESH KUMAR & ORS
Through
VERSUS
Petitioners Petitioners with their counsel Mr. Varun Rai
Sharma. Adv. STATE (GOVT OF NCT OF DELHI) & ANR
Respondents
Through Ms. Kusum Dhalla, APP for the State along with ACP Dinesh Tiwari and ASl Virender
Singh.
Complainant with his counsel Mr. S.C.
Singhal and Mr. Pradeep Verma. Advs
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
09.07.2015 These are two cross FIRs. FIR No.507/2014 under Sections
2015:DHC:11178 451/323/354/34 of the IPC as also under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 1989 has been registered on the complaint of Suresh Kumar. There are ten petitioners and six respondents in this FIR all of whom are present. Iheir presence has been identified by the Investigating Officer who is also present in Court.
FIR No.506/2014 has been registered under Sections
354/323/341/506/509/34 of the IPC on the complaint of Jaya Tanwar. There are four petitioners in this case and four respondents all of whom are present and their presence has been identified by the Investigating Officer. Parties are living in the same neighbourhood and they have arrived at a memorandum of settlement which is a part, of the Court record. It is stated that their disputes now stand amicably settled. This is with the intervention of the elder. They want to live peacefully and the\ pray that both the cross-FIRS which have been registered at the behest of the aforenoLed persons be pemiitted to be quashed.
LeaiT-ed Public Prosecutor under instructions from the Investigating
Otficer states that the charge-sheet has been tiled in both the cases and since the investigation is in progress and the State machinery has been put in motion: the State has incurred expenditure and if at all. the prayers made in the petitions are permitted to be allowed, the State must be compensated with costs.
Noting the above factual matrix as also the fact that the parties are maintaining harmonious relations and living in the same vicinit\. no useful purpose would be served in continuing VNith the present procecdinos.
Accordingly, subject to payment ofRs.25.000/- to be deposited in each ofthe two, petitions with the Delhi High Court Legal Services Committee, the prayer made in the present petitions is allowed and FIR No.507/2014 registered under Sections 451/323/354/34 of the IPG as also under Section 3 of the Scheduled Gaste and Scheduled Tribes (Prevention of Atrocities) Act.
1989 with PS Maya Puri and FIR No.506/2014 registered under Sections
354/323/341/506/509/34 of the IPG on the complaint of Jaya Tanwar are quashed.
Petitions disposed of JULY 09, 2015 A INDERMEET KAUR, J
JUDGMENT