Rajender Singh & Ors. v. State & Ors.

Delhi High Court · 18 Jul 2011 · 2011:DHC:15453
Suresh Kait
CRl.M.C. 2210/2011
2011:DHC:15453
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs arising from a minor neighborly dispute on the basis of amicable settlement, imposing costs for misuse of government resources.

Full Text
Translation output
t.'· -
$-37 and 38
* IN THE HIGH COURT OF D'ElHI AT NEW DELHI
+ CRl.M.C.2210/2011
RAJENDER SINGH & DRS. ..... Petitioner
Through: Mr. Deepak Rohilla, Adv.
VERSUS
STATE & DRS. ..... Re:~pondent
Through: Mr. Anilrudh Yadav, Adv.
Mr. M.P. Singh, APP for State with ASI
Ramwati, P.S. Dwarka Sector, 23, Delhi.
AND
CRl.M.C. 2211[2011
DHARAM SINGH & DRS. ..... Petitioner
Through: Mr. De¢palk Rohilla, Adv.
VERSUS
STATE & ANR. ..... ~~spondent
CORAM:
Through: Mr. Anirudih Yadav, Adv.
Mr. M.P. Singh, APP~or State with ASI
Ramwati, P.S. DwaJi'ka Sector, 23, Delhi.
HON'BlE MR. JUSTICE SURIESti KAIT
% 18.07.2011
ORDER

1. These are the two cross cases. The one is an FIR NO. 59/2010, which was registered against t!he petitioner Nos 1 to 3 Sh. Rajender Singh, Smt. Narani Devi, and Mr.Dm Parkash under Sections 308/323/452/506/34 ·IPC at P:S. Sector 23, Dwarka, New Delhi, who are petitioners in Criminal ~.C. 2210/2011.

2. The another is an FIR No. 505/2009, which was registered against the petitioners namely DharamSingh, Manish and Smt. Bimla, who are petitioners in Criminal M.e. 2211/2011 3 Learned counsel for the petitioners submits that in both the cases Charge sheets have already been filed and these are 2011:DHC:15453 pending for the framing of charges.

4. It is submitted that a fight took place on a very small issue i.e on some drainage/'Nali'. Both the petitioners are neighbourers to each other. Due to the intervention of the society persons and their friends they have amicably settled the disputes and both the parties are not interested to pursue the matter against each other.

5. Since the matter has already been settled between the parties and they are resident of the samle locality and they are neighbourers, in the interest of justice, I quash the FIR Nos.59/2010 and 5050/2009 registered at P.S. Sector 23 Dwarka, Delhi

6. In the present case, as the investigating agency/police has already filed the charge sheet in the court, therefore, the Government Machinery was used, apart from the precious time of the court taken. Though the petitioners do not seem to be the persons of good means, keeping in view their financial conditions into view, I impose a cost of f 15001- only in both the petitions each to be deposited in the Advocate Welfare Fund, Bar Council of Delhi within a week from today.

7. Accordingly, Criminal Me Nos.2210/2011 & 2211/2011 are disposed of.

8. Dasti. JULY 18, 2011 j ~ SURESH KAIT,J