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4' $-4/5 HIGH COURT OF DELHI
CRL.M.C.4971/2018
DEENU& ANR Petitioners
Through Mr. Deepesh Kumar Gupta and Mr. Manish Shukla,Advs.
CRL.M.C.4971/2018
DEENU& ANR Petitioners
Through Mr. Deepesh Kumar Gupta and Mr. Manish Shukla,Advs.
VERSUS
THE STATE(NCT OF DELHI) & ORS Respondents
Through Ms. Neelam Sharma, APP with SI Sanjay Kumar,P.S.Harsh Vihar
Private respondents in person AND
Through Ms. Neelam Sharma, APP with SI Sanjay Kumar,P.S.Harsh Vihar
Private respondents in person AND
CRL.M.C.5004/2018 and Crl.
M.A.no.33290/2018
MUKESH& ANR Petitioners
Through Mr. Deepesh Kumar Gupta and Mr. Manish Sukla,Advs.
M.A.no.33290/2018
MUKESH& ANR Petitioners
Through Mr. Deepesh Kumar Gupta and Mr. Manish Sukla,Advs.
VERSUS
THE STATE(NCT OF DELHI)& ANR Respondents
Through Ms. Neelam Sharma, APP with SI Sanjay Kumar,P.S.Harsh Vihar
Private respondents in person
Through Ms. Neelam Sharma, APP with SI Sanjay Kumar,P.S.Harsh Vihar
Private respondents in person
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
06.12.2018 Learned APP submits that in the FIR involved in Crl. M.C. NO. 5004/2018 Deenu @Din Mohd. and Varish had also sustained injuries but
2018:DHC:8587 u V- they have not been impleaded. On the oral prayer made by the learned counsel for petitioners, Deenu @ Din Mohd. and Varish are impleaded as respondent nos.3 and 4respectively. Amended Memo ofparties istaken on record.
Itis submitted thatpetitioners and private respondents are neighbours.
A quarrel took place between them on some trivial issue, which led to registration offollowing cross FIRs:-
(a) FIR no. 4/2014 under Sections 308/34 IPC at police station Harsh
Vihar on the complaint of Mukesh, respondent no. 2 in Crl. M.C. NO. 4971/2018 and petitioner no. 1 in Crl.M.C.no.5004/2018 and
(b) FIR no. 3/2014 under Sections 308/34 IPC at police station Harsh
Vihar on the complaint of Iqlakh, respondent no. 2 in Crl. M.C. NO. 5004/2018.
Respondentnos.3 and4in Crl.M.C.no.5004/2018 are petitioners in
Crl. M.C.no.4971/2018.
It is submitted that Deenu, Varish, Mukesh,Iqlakh and Rahul have now settled their disputes amicably, therefore, aforesaid FIRs and consequentproceedings emanating therefrom may be quashed.
All the above named persons are present in Court and have been identified by SI Sanjay Kumar ofpolice station Harsh Vihar. They say that they have settled their disputes voluntarily and without any undue force, pressure or coercion and they have no objection in case aforesaid FIRs and consequentproceedings emanatingtherefrom are quashed.
Keeping in mind the settlement arrived at between the petitioners and private respondents voluntarily, in my view, no fruitful,purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest ofjustice, aforesaid FIRs and consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of. Miscellaneous application is disposed ofas infructuous. Dasti.
A.K.PJMIAK,J.
DECEMBER06,2018 r.bararia
06.12.2018 Learned APP submits that in the FIR involved in Crl. M.C. NO. 5004/2018 Deenu @Din Mohd. and Varish had also sustained injuries but
2018:DHC:8587 u V- they have not been impleaded. On the oral prayer made by the learned counsel for petitioners, Deenu @ Din Mohd. and Varish are impleaded as respondent nos.3 and 4respectively. Amended Memo ofparties istaken on record.
Itis submitted thatpetitioners and private respondents are neighbours.
A quarrel took place between them on some trivial issue, which led to registration offollowing cross FIRs:-
(a) FIR no. 4/2014 under Sections 308/34 IPC at police station Harsh
Vihar on the complaint of Mukesh, respondent no. 2 in Crl. M.C. NO. 4971/2018 and petitioner no. 1 in Crl.M.C.no.5004/2018 and
(b) FIR no. 3/2014 under Sections 308/34 IPC at police station Harsh
Vihar on the complaint of Iqlakh, respondent no. 2 in Crl. M.C. NO. 5004/2018.
Respondentnos.3 and4in Crl.M.C.no.5004/2018 are petitioners in
Crl. M.C.no.4971/2018.
It is submitted that Deenu, Varish, Mukesh,Iqlakh and Rahul have now settled their disputes amicably, therefore, aforesaid FIRs and consequentproceedings emanating therefrom may be quashed.
All the above named persons are present in Court and have been identified by SI Sanjay Kumar ofpolice station Harsh Vihar. They say that they have settled their disputes voluntarily and without any undue force, pressure or coercion and they have no objection in case aforesaid FIRs and consequentproceedings emanatingtherefrom are quashed.
Keeping in mind the settlement arrived at between the petitioners and private respondents voluntarily, in my view, no fruitful,purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest ofjustice, aforesaid FIRs and consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of. Miscellaneous application is disposed ofas infructuous. Dasti.
A.K.PJMIAK,J.
DECEMBER06,2018 r.bararia
JUDGMENT