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$-17, 18 HIGH COURT OF DELHI
CRL.M.C. 3391/2012
MAHAVEER SHAH & ORS. Petitioners
Through: Mr. J.C. Mahindru, Mr.Dalip Singh and Mr. Pramod Nagar, Advocates
CRL.M.C. 3391/2012
MAHAVEER SHAH & ORS. Petitioners
Through: Mr. J.C. Mahindru, Mr.Dalip Singh and Mr. Pramod Nagar, Advocates
VERSUS
STATE GOVT. OF NCT OF DELHI & ANR Respondents
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State
Through: Mr. Navin Sharma, Additional Public Prosecutor for the State
CRL.M.C. 4032/2012
DALIP SINGH Petitioner
Through: Mr. J.C. Mahindru, Mr.Dalip Singh and Mr. Pramod Nagar, Advocates
DALIP SINGH Petitioner
Through: Mr. J.C. Mahindru, Mr.Dalip Singh and Mr. Pramod Nagar, Advocates
VERSUS
STATE &ANR. Respondents / Through: Mr. Navin Sharma, Additional Public
Prosecutor for the State
Prosecutor for the State
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
16.04.2013 These two separate petitions have been preferred to seek quashing of two cross FIRs, both arising out of the same incident, being F.I.R. NO. 2013:DHC:6833 351/2011 under Section 325/341/308/34 of IPG registered at Police Station
Pandav Nagar, Delhi, lodged by Dalip Singh in Crl.M.C. No.3391/2012 and another F.I.R. No. 355/2011, under Section 325 of IPC registered at Police
Station Pandav Nagar, Delhi lodged by Mahavir Shah in Crl.M.C.
No.4032/2012.
Both the parties are present in court alongwith their representatives.
# Counsel for parties submit that Mr. Dalip Singh had been the tenant under
Mr. Mahavir Shah in respect of property No.C-2/10, Acharya Niketan, Patparganj, Mayur vihar I, Delhi-110091 and certain disputes had arisen between them with regard to the said property. Counsels also submit that on
20.10.2011 an altercation between the parties took place due to which both the parties sustained injuries as a result of which the said F.I.Rs were registered by the parties against each other under various sections ofIPC.
Counsels also submit that the disputes between the parties have been m amicably settled and possession of the property has been handed over to the landlord - Mahavir Shah and the landlord Mahavir Shah has paid a sum of
Rs.1,50,000/- to the tenant Mr. Dalip Singh by DD No.000171 dated
15.04.2013, drawn on The Nainital Bank Ltd. Counsels also submit that there is no further dispute left between the parties.
I have heard counsel for the parties and perused the record.
Considering the facts and circumstances of the case that the parties have amicably resolved all their inter se disputes , I am 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, the F.I.R. No. 351/2011 under Section 325/341/308/34 of IPG registered at Police Station Pandav Nagar, Delhi, lodged by Dalip Singh in
Crl.M.C. No.3391/2012 and another F.I.R. No. 355/2011, under Section 325 of IPC registered at Police Station Pandav Nagar, Delhi lodged by Mahavir
Shah in Crl.M.C. No.4032/2012, and the criminal proceedings arising therefrom are hereby quashed.
Copy ofthis order be given dasti to both sides.
KAIE5 APRIL 16, 2013 pkb GAMBHIR, J
16.04.2013 These two separate petitions have been preferred to seek quashing of two cross FIRs, both arising out of the same incident, being F.I.R. NO. 2013:DHC:6833 351/2011 under Section 325/341/308/34 of IPG registered at Police Station
Pandav Nagar, Delhi, lodged by Dalip Singh in Crl.M.C. No.3391/2012 and another F.I.R. No. 355/2011, under Section 325 of IPC registered at Police
Station Pandav Nagar, Delhi lodged by Mahavir Shah in Crl.M.C.
No.4032/2012.
Both the parties are present in court alongwith their representatives.
# Counsel for parties submit that Mr. Dalip Singh had been the tenant under
Mr. Mahavir Shah in respect of property No.C-2/10, Acharya Niketan, Patparganj, Mayur vihar I, Delhi-110091 and certain disputes had arisen between them with regard to the said property. Counsels also submit that on
20.10.2011 an altercation between the parties took place due to which both the parties sustained injuries as a result of which the said F.I.Rs were registered by the parties against each other under various sections ofIPC.
Counsels also submit that the disputes between the parties have been m amicably settled and possession of the property has been handed over to the landlord - Mahavir Shah and the landlord Mahavir Shah has paid a sum of
Rs.1,50,000/- to the tenant Mr. Dalip Singh by DD No.000171 dated
15.04.2013, drawn on The Nainital Bank Ltd. Counsels also submit that there is no further dispute left between the parties.
I have heard counsel for the parties and perused the record.
Considering the facts and circumstances of the case that the parties have amicably resolved all their inter se disputes , I am 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, the F.I.R. No. 351/2011 under Section 325/341/308/34 of IPG registered at Police Station Pandav Nagar, Delhi, lodged by Dalip Singh in
Crl.M.C. No.3391/2012 and another F.I.R. No. 355/2011, under Section 325 of IPC registered at Police Station Pandav Nagar, Delhi lodged by Mahavir
Shah in Crl.M.C. No.4032/2012, and the criminal proceedings arising therefrom are hereby quashed.
Copy ofthis order be given dasti to both sides.
KAIE5 APRIL 16, 2013 pkb GAMBHIR, J
JUDGMENT