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& $-47 & 57 HIGH COURT OF DELHI
CRL.M.C. 1784/2013
MDARMAN&ORS.
Petitioner
Through: Mr. S.M. Zulfiqar Ahmed and Mr. Jai Kishan, Advocates
CRL.M.C. 1784/2013
MDARMAN&ORS.
Petitioner
Through: Mr. S.M. Zulfiqar Ahmed and Mr. Jai Kishan, Advocates
VERSUS
STATE & ORS.
Respondent
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State with
Investigating Officer
Respondent
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State with
Investigating Officer
CRL.M.C. 1800/2013
MD JILANI KHAN & ORS.
Petitioner
Through: Mr. S.M. Zulfiqar Ahmed and Mr. Jai Kishan, Advocates
MD JILANI KHAN & ORS.
Petitioner
Through: Mr. S.M. Zulfiqar Ahmed and Mr. Jai Kishan, Advocates
VERSUS
STATE NCT OF DELHI & ORS.
Respondent
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State with
Investigating Officer
Respondent
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State with
Investigating Officer
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
06.05.2013 By this common order, I dispose of the above captioned two petitions
2013:DHC:7344 filed under Section 482 ofCr. P.C. by respective petitioners who are accused in cross FIRs, namely, FIR No.182/2012, under Section 308/341/506/34 of
IPG registered at Police Station Uttam Nagar, New Delhi, in Crl. M.C. NO. 1784/2013 and FIR No.183/12 under Section 308/341/506/34 of IPG registered at Police Station Uttam Nagar, New Delhi in Grl. M.G. NO. 1800/2013. The Petitioners are seeking quashing of the aforesaid FIRs and the proceedings arising therefrom.
Both the parties are present in court and the Investigating Officer of the case is also present. Gounsel for the petitioners submits that both the parties have amicably settled their disputes in terms of Gompromise Deed dated ll"^ September 2012 and with the said settlement having arrived at between the parties, no more dispute survives between them. Gounsel also submits that both the parties are residents of the same area and the said FIRs were registered due to minor scuffle between them. Gounsel also submits that only minor injuries were sustained by the complainant and the victim in both the said FIRs.
Learned Additional Public Prosecutor for the State submits that both the parties have used the state machinery unnecessarily and therefore, they should be subjected to suffer heavy costs.
' I have heard counsel for the parties and perusedthe documents placed on record.
Considering the fact that the parties have amicably resolved all their inter se disputes , I am of the viewthat no usefulpurposewouldbe servedin keeping the said FIRs and the proceedings arising therefrom alive any further against the petitioners. Since the state machinery has been used unnecessarily a cost of Rs.5,000/- is imposed on the persons who were aggressive in causing injuries to the victim (except Habibul rehman, Mohd.
Moti and Mr. Naseef Ahmed in Crl. M.C. No.1800/2013 & Mohd. Jilani
Khan in Crl. M.C. No.1784/2013) to be deposited by them with the Delhi
Bar Association, Tis Hazari Courts, Delhi within a period of four weeks.
Subject to payment of costs by the accused persons, (except Habibul rehman, Mohd. Moti and Mr. Naseef Ahmed in Crl. M.C. No.1800/2013 &
Mohd. Jilani Khan in Crl. M.C. No. 1784/2013), the FIR Nos. 182/2012, under Section 308/341/506/34 of IPC registered at Police Station Uttam
Nagar,-New Delhi, in Crl. M.C. No. 1784/2013 and FIR No.183/12 under
Section 308/341/506/34 of IPC registered at Police Station Uttam Nagar, New Delhi in Crl. M.C. No. 1800/2013 and the criminal proceedings arising therefrom are hereby quashed.
With aforesaid observations, thispetitionstands disposed of
Dasti.
MAY 06, 2013 KAILASH GAMBHIR, J
06.05.2013 By this common order, I dispose of the above captioned two petitions
2013:DHC:7344 filed under Section 482 ofCr. P.C. by respective petitioners who are accused in cross FIRs, namely, FIR No.182/2012, under Section 308/341/506/34 of
IPG registered at Police Station Uttam Nagar, New Delhi, in Crl. M.C. NO. 1784/2013 and FIR No.183/12 under Section 308/341/506/34 of IPG registered at Police Station Uttam Nagar, New Delhi in Grl. M.G. NO. 1800/2013. The Petitioners are seeking quashing of the aforesaid FIRs and the proceedings arising therefrom.
Both the parties are present in court and the Investigating Officer of the case is also present. Gounsel for the petitioners submits that both the parties have amicably settled their disputes in terms of Gompromise Deed dated ll"^ September 2012 and with the said settlement having arrived at between the parties, no more dispute survives between them. Gounsel also submits that both the parties are residents of the same area and the said FIRs were registered due to minor scuffle between them. Gounsel also submits that only minor injuries were sustained by the complainant and the victim in both the said FIRs.
Learned Additional Public Prosecutor for the State submits that both the parties have used the state machinery unnecessarily and therefore, they should be subjected to suffer heavy costs.
' I have heard counsel for the parties and perusedthe documents placed on record.
Considering the fact that the parties have amicably resolved all their inter se disputes , I am of the viewthat no usefulpurposewouldbe servedin keeping the said FIRs and the proceedings arising therefrom alive any further against the petitioners. Since the state machinery has been used unnecessarily a cost of Rs.5,000/- is imposed on the persons who were aggressive in causing injuries to the victim (except Habibul rehman, Mohd.
Moti and Mr. Naseef Ahmed in Crl. M.C. No.1800/2013 & Mohd. Jilani
Khan in Crl. M.C. No.1784/2013) to be deposited by them with the Delhi
Bar Association, Tis Hazari Courts, Delhi within a period of four weeks.
Subject to payment of costs by the accused persons, (except Habibul rehman, Mohd. Moti and Mr. Naseef Ahmed in Crl. M.C. No.1800/2013 &
Mohd. Jilani Khan in Crl. M.C. No. 1784/2013), the FIR Nos. 182/2012, under Section 308/341/506/34 of IPC registered at Police Station Uttam
Nagar,-New Delhi, in Crl. M.C. No. 1784/2013 and FIR No.183/12 under
Section 308/341/506/34 of IPC registered at Police Station Uttam Nagar, New Delhi in Crl. M.C. No. 1800/2013 and the criminal proceedings arising therefrom are hereby quashed.
With aforesaid observations, thispetitionstands disposed of
Dasti.
MAY 06, 2013 KAILASH GAMBHIR, J
JUDGMENT