Full Text
Translation output
$-56 & 66 HIGH COURT OF DELHI
CRL.M.C. 1882/2015 & Crl.
M.A. No.6748/2015 (for stay)
VINOD KUMAR & ORS Petitioners
Through Mr.Khalid Akhtar, Adv. STATE & ANR
CRL.M.C. 1882/2015 & Crl.
M.A. No.6748/2015 (for stay)
VINOD KUMAR & ORS Petitioners
Through Mr.Khalid Akhtar, Adv. STATE & ANR
VERSUS
Respondents
Through Mr.M.P.Singh, APP for the State along with SI Lalit Chauhan, PS
Roop Nagar, in person.
Mr.Abhay Kumar, Adv. for R-2.
Through Mr.M.P.Singh, APP for the State along with SI Lalit Chauhan, PS
Roop Nagar, in person.
Mr.Abhay Kumar, Adv. for R-2.
CRL.M.C. 2021/2015
VIJAY KUMAR & ANR
Through Mr.Abhay Kumar, Adv. Petitioners
VIJAY KUMAR & ANR
Through Mr.Abhay Kumar, Adv. Petitioners
VERSUS
STATE & ANR
Through Respondents Ms.Jasbir Kaur, APP for the State, along with SI Lalit Chauhan, PS
Roop Nagar, in person.
Mr.Khalid Akhtar, Adv. for R-2.
Through Respondents Ms.Jasbir Kaur, APP for the State, along with SI Lalit Chauhan, PS
Roop Nagar, in person.
Mr.Khalid Akhtar, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
19.05.2015 Crl.
M.A. No.7228/2015 (exemption) in Crl. M.C. No.2021/2015
Exemption allowed, subject to just exceptions.
The application is disposed of 2015:DHC:11197
Crl. M.C. No.1882/2015 & Crl.
M.A. No.6748/2015 and
Crl. M.C. No.2021/2015 & Crl.
M.A. No.7229/2015
These are two petitions filed by the petitioners under Section 482
Cr.P.C. for quashing of two cross FIR Nos.134/2014 & 135/2014, both registered on 30^^ March, 2014 atP.S. Roop Nagar, Delhi.
Brieffacts arethat on 30^^ March, 2014, a scuffle took place between the parties, in which they sustained injuries at the hands of each other. On the basis of the complaint made by Vijay Kumar (respondent No.2 in Crl.
M.C. No.1882/2015), the FIR No.134/2014 was registered under Sections
323/341/34 IPG against Vinod Kumar and three others, namely, Ashok
Kumar, Smt.Krishana Devi and Anita (petitioners in the said petition). On the other hand, Smt.Krishana Devi (respondent No.2 in Crl. M.C.
No.2021/2015) also made a complaint in respect of the same incident, on the basis of which the cross FIR No.135/2014 was registered under Sections
323/325/341/308/34 IPC against Vijay Kumar and Savita (petitioners in the said petition). The charge-sheets have been filed by the police in both the matters before the trial Court.
Since the parties are related to each other, subsequently, with the intervention of the other relatives and friends, they have orally settled their disputes amicably. They are also present in Court and are duly identifiedby their respective counsel. They have confirmed the said settlement.
Ms.Jasbir Kaur, learned APP for the State in Crl. M.C. No.2021/2015 has pointed out that as per the allegations made in FIR No.135/2014, one
Rohit, who is the tenant ofpetitioner No.l Vijay Kumar, also caused injuries to the complainant/injured. Though the said Rohit is not a party in the present quashing petition; he is neither present before the Court, nor he is
V- stated to be a party to the settlement. Thus, the proceedings against Rohit may continuein the said FIR. Orderedaccordingly.
Considering the facts and circumstances of the case, in order to maintain peace and harmony between the parties and in view of the averments made in the petitions as well as the settlement arrived at between the parties, the FIR No. 134/2014 under Section 323/341/34 IPG and FIR
No.135/2014 under Sections 323/325/341/308/34 IPG, both registered on
30^*^ March, 2014 at P.S. Roop Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua the respective petitioners, subject to the condition that all the petitioners in both the petitions shall furnish their personal bonds for good conduct for a period of next five years stating that they will maintain peace and good conduct during this period. The said bonds shall be furnished by them before the Registrar General of this Gourt within four weeks from today and copies thereof be also handed over to the
SHO concerned. In failure to comply with the above said condition by the petitioners within the stipulated period, the matters shall be listed before
Gourt for further directions.
It is clarified that proceedings against Rohit in case FIR No.135/2014 shall continue.
The petitions are accordingly disposed of Pending applications also stand disposed of.
MAY 19,2015/ka
19.05.2015 Crl.
M.A. No.7228/2015 (exemption) in Crl. M.C. No.2021/2015
Exemption allowed, subject to just exceptions.
The application is disposed of 2015:DHC:11197
Crl. M.C. No.1882/2015 & Crl.
M.A. No.6748/2015 and
Crl. M.C. No.2021/2015 & Crl.
M.A. No.7229/2015
These are two petitions filed by the petitioners under Section 482
Cr.P.C. for quashing of two cross FIR Nos.134/2014 & 135/2014, both registered on 30^^ March, 2014 atP.S. Roop Nagar, Delhi.
Brieffacts arethat on 30^^ March, 2014, a scuffle took place between the parties, in which they sustained injuries at the hands of each other. On the basis of the complaint made by Vijay Kumar (respondent No.2 in Crl.
M.C. No.1882/2015), the FIR No.134/2014 was registered under Sections
323/341/34 IPG against Vinod Kumar and three others, namely, Ashok
Kumar, Smt.Krishana Devi and Anita (petitioners in the said petition). On the other hand, Smt.Krishana Devi (respondent No.2 in Crl. M.C.
No.2021/2015) also made a complaint in respect of the same incident, on the basis of which the cross FIR No.135/2014 was registered under Sections
323/325/341/308/34 IPC against Vijay Kumar and Savita (petitioners in the said petition). The charge-sheets have been filed by the police in both the matters before the trial Court.
Since the parties are related to each other, subsequently, with the intervention of the other relatives and friends, they have orally settled their disputes amicably. They are also present in Court and are duly identifiedby their respective counsel. They have confirmed the said settlement.
Ms.Jasbir Kaur, learned APP for the State in Crl. M.C. No.2021/2015 has pointed out that as per the allegations made in FIR No.135/2014, one
Rohit, who is the tenant ofpetitioner No.l Vijay Kumar, also caused injuries to the complainant/injured. Though the said Rohit is not a party in the present quashing petition; he is neither present before the Court, nor he is
V- stated to be a party to the settlement. Thus, the proceedings against Rohit may continuein the said FIR. Orderedaccordingly.
Considering the facts and circumstances of the case, in order to maintain peace and harmony between the parties and in view of the averments made in the petitions as well as the settlement arrived at between the parties, the FIR No. 134/2014 under Section 323/341/34 IPG and FIR
No.135/2014 under Sections 323/325/341/308/34 IPG, both registered on
30^*^ March, 2014 at P.S. Roop Nagar, Delhi and proceedings pursuant thereto are hereby quashed qua the respective petitioners, subject to the condition that all the petitioners in both the petitions shall furnish their personal bonds for good conduct for a period of next five years stating that they will maintain peace and good conduct during this period. The said bonds shall be furnished by them before the Registrar General of this Gourt within four weeks from today and copies thereof be also handed over to the
SHO concerned. In failure to comply with the above said condition by the petitioners within the stipulated period, the matters shall be listed before
Gourt for further directions.
It is clarified that proceedings against Rohit in case FIR No.135/2014 shall continue.
The petitions are accordingly disposed of Pending applications also stand disposed of.
MAY 19,2015/ka
JUDGMENT