Sahil Kumar @ Kashi v. The State & Anr.

Delhi High Court · 08 Dec 2022 · 2022/DHC/005635
Dinesh Kumar Sharma Verma
W.P.(CRL) 400/2022 & 403/2022
criminal petition_allowed

AI Summary

The Delhi High Court quashed two FIRs arising from a neighborly dispute based on an amicable settlement between the parties, exercising its inherent power under Section 482 CrPC.

Full Text
Translation output
Neutral Citation Number is 2022/DHC/005635 W.P.(CRL)s 400/2022 & 403/2022
HIGH COURT OF DELHI
W.P.(CRL) 400/2022
SAHIL KUMAR @ KASHI ..... Petitioner
Through: Mr. Gajender Singh, Mr. Rishabh Kumar, Mr.Chanchal Kuimar, Advs.
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr. Sachin Mittal, ASC with Mr. Nishant Chauhan, Advs. with SI
Ajay, PS Neb Sarai.
W.P.(CRL) 403/2022
ISHANT SINGHAL & ORS. ..... Petitioner
Through: Mr. Gajender Singh, Mr. Rishabh Kumar, Mr.Chanchal Kuimar, Advs.
VERSUS
THE STATE & ANR. ..... Respondents
Through: Mr. Sachin Mittal, ASC with Mr. Nishant Chauhan, Advs. with SI
Ajay, PS Neb Sarai.
Date of Decision: 8th December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA VERMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. The present petitions have been filed for quashing of the FIR NO. 3/2022 registered at PS Neb Sarai under Sections 308 IPC and FIR No. 7/2022 was registered at Neb Sarai under Sections 323/341/365/506/34 IPC.

2. FIR No. 3/2022 registered at PS Neb Sarai under Sections 308 IPC was lodged on the statement of Sonu Singhal against Sahil @Kashi.

3. FIR No. 7/2022 registered at Neb Sarai under Sections 323/341/365/506/34 IPC on the statement of Sahil Kumar @ Kashi against Ishann Singhal, Mr. Hemant Kumar Khareta and Nitin Kumar Dagar @Toni.

4. Both the parties are neighbors and are natives of village Devli. It has been submitted that the quarrel had taken place due to some miscommunication and now with the intervention of the well-wishers, the parties have settled the matter amicably.

5. The Settlement Deed/MoU/Comprise Deed dated 2nd February, 2022 has been placed on record which reads as follows;

1. “ That first party are alleged accused persons in FIR No.007/2022 PS Neb Sarai U/s 323/341/365/506/509/34 IPC and the first party and son of the second party namely Sahil Kumar @ Kashi is accused in FIR 0003/2022 PS Neb Sarai U/s 308 IPC.

2. That both the first and second parties are neighbors and are natives of the same village having old acquaintances and residing peacefully, however due to some miscommunication and misunderstanding among the parties to the present MOU, the aforesaid FIR’s got registered against the respective parties.

3. That both the parties are always lived peacefully in future.

4. That both the parties and their families own aid and advice of families, neighbours and respectable persons of there village have settle their disputes amicably and do not want to pursue the litigation any further and also want to get the matter disposed off/quashed from the Hon’ble High Court Delhi and also undertake to file and sign the petition, affidavit or undertaking etc. which may be required or the same.

5. That both the parties are willing and consenting to make statement before any forum, court of law and before Hon’ble High Court for disposal/quashing of the matter, peacefully for their future peaceful life being neighbours.

6. That both of the parties are having on objection in the bail/anticipatory bail of each other which is registered under FIR No.007/2022 PS Neb Sarai U/s 323/341/365/506/509/34 IPC and FIR 0003/2022 PS Neb Sarai U/s 308 IPC.

7. That settlement deed/compromise deed/Memorandum of understanding is recorded with free consent and without coercion, force, and undue-influence and also explained to parties in vernacular language.”

6. Learned ASC submits that the Ms. Sahil Kumar @ Kashi who is complainant in the FIR No.7/2022 titled as ISHANT SINGHAL & ORS. v. THE STATE & ANR. is in judicial custody in case FIR No. FIR No. 3/2022.

7. I consider that since both the parties are natives of same village and neighbors and have settled all the disputes in the present matter amicably. Thus, the ends of justice would be secured if the present proceedings are put to the quietus.

8. Sahil @ kashi be released forthwith if not required in any other case.

3,320 characters total

9. Both the petitions stand disposed of.

10. Copy of this order be communicated with the Superintendent Jail, Tihar for necessary compliance.

DINESH KUMAR SHARMA, J DECEMBER 8, 2022 VERMA