Naresh Kumar @ Babli & Ors. v. State & Anr

Delhi High Court · 22 May 2013 · 2013:DHC:7711
Kailash Gambhir
CRL.M.C. 2309/2012; CRL.M.C. 2310/2012
2013:DHC:7711
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed two FIRs involving serious offences based on an amicable settlement between related parties, emphasizing the court's power under Section 482 CrPC to promote peace and avoid unnecessary litigation.

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HIGH COURT OF DELHI
CRL.M.C. 2309/2012
NARESH KUMAR @ BABLI & ORS..... Petitioners
Through Mr. S.N. Gupta, Adv.
VERSUS
STATE «& ANR Respondents
Through Mr. Navin Sharma, APP for the State.
SI Rajbir Singh, P.S. Vasant Kunj South AND
CRL.M.C. 2310/2012
HARISH & ORS Petitioners
Through Mr. Pankaj Mendiratta, Mr. Tarun Gomber, Mr. Gaurav Goswami and
Mr. Jitender Gomber, Advs.
VERSUS
STATE ANR
Respondent
Through Mr. Navin Sharma, APP for the State.
SI Rajbir Singh, P.S. Vasant Kunj South
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR 2013:DHC:7711
22.05.2013 By this order I propose to dispose of two separate petitions filed by the petitioners who are accused in FIR No. 448/07 and FIR No. 450/07.
Crl.M.C. No. 2309/2012 has been preferred by the petitioners who are accused in FIR No. 448/07 registered under Sections 307/34 IPG at PS
Vasant Kunj and Grl.M.C. No. 2310/2012 is preferred by the petitioners who are accused in FIR No. 450/07 registered under Sections 341/324/34
IPG at PS Vasant Kunj.
In both the petitions the petitioners are praying for quashing of said
FIRs based on the settlement having arrived at between them. Both the parties are present in Gourt except Satinder who is accused in FIR NO. 450/07. Atthe oral request ofcounsel for the petitioners, Mr. Satinder, who is accused in FIR No.450/07, is exempted firom his personal appearance.
Gounsel appearing for the parties submit that both the parties have amicably settled their disputes in terms ofthe deed ofcompromise dated 14"" January,
ORDER

2013. Gounsel for the parties also submit that both the parties are related to each other besides being neighbours. Gounsel for the parties submit that in view ofthe settlement, both the parties have taken a decision not to indulge into any such kind of fight in future and maintain complete peace and harmony in the vicinitywherethey are residing. Based on the above submissions, counsel for the parties pray that this Court may quash both the said FIRs which have arisen out of the same incident. Mr. Navin Sharma, APP for the State submits that there are serious allegations against Mr. Naresh Kumar who is accused in FIR No. 448/07 as he attacked the complainant with a knife and similarly there are serious allegations against Mr. Satinder, who is accused in FIR No. 450/07. Heard. Taking into consideration the said settlement having arrived at bet\\^een the parties and that both the parties are neighbours and are in fact close relatives, this Court is of the view that no useful purpose would be served in keeping the said FIRs and the proceedings arising therefrom unnecessarily alive any further against the petitioners. Consequently, FIR No. 448/07 registered under Sections 307/34 IPC at PS Vasant Kunj and FIR No. 450/07 registered under Sections 341/324/34 IPC at PS Vasant Kunj and the criminal proceedings arising therefrom are hereby quashed. However, the aforesaid quashing qua Naresh Kumar and Satinder is subject to deposit of costs of Rs. 10,000/- by each with the Saket Bar Association within a period ofthree weeks from the date ofthis order. The present petitions stand disposed ofaccordingly. r\ MAY 22,2013 rkr KAILASH GAMBHIR, J