Jitender @ Kodi & Ors. v. The State (Govt. of NCT of Delhi) & Ors.

Delhi High Court · 10 Jul 2018 · 2018:DHC:4034
Sanjeev Sachdeva
CRL.M.C. 2197/2018 & 2204/2018
2018:DHC:4034
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a neighborly quarrel on the basis of an amicable settlement between the parties, exercising its inherent jurisdiction under Section 482 CrPC.

Full Text
Translation output
CRL.M.C. 2197/2018 & 2204/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on:10.07.2018
CRL.M.C. 2197/2018
JITENDER @ KODI & ORS ..... Petitioners
versus
THE STATE (GOVT. OF NCT OF DELHI) &ORS..... Respondents
CRL.M.C. 2204/2018
SURENDER & ORS ..... Petitioners
versus
THE STATE (GOVT. OF NCT OF DELHI) & ORS..... Respondents
Advocates who appeared in this case:
For the Petitioner(s) : Mr.Manoj Kohli and Mr.Ashok Kumar, Adv. in
Crl.M.C.2197/2018 Mr.Ashwani Garg, Adv. for Mr.Brijpal Singh, Adv.in Crl.M.C.2204/2018.
For the Respondent(s): Mr. Raghuvinder Verma, Addl. PP for the State with SI Sanjeev, P.S.Mayur Vihar
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
10.07.2018 SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners in Crl. M.C. 2197/2018 seek quashing of FIR 2018:DHC:4034 No.208/2012 under Sections 323/308/34 at Police Station Mayur Vihar Phase-I and Petitioners in Crl. M.C. 2204/2018 seek quashing of FIR No.209/2012 under Sections 307/323/34 at Police Station Mayur Vihar Phase-I.

2. The subject FIRs are cross FIRs registered consequent to a quarrel that took place between the parties who are neighbours.

3. Learned counsels for the parties submit that the parties have settled their disputes with the intervention of senior respectable persons and mutual friends of the locality. Deed of Compromise dated 06.04.2018 has been executed.

4. Petitioners and respondents in both petitions are present in court in person, represented by their respective counsels and identified by the Investigating Officers. They submit that they have settled the disputes with each other and they further undertake that they shall maintain peace and cordial relationship in the locality and shall not indulge in any fight in future. They submit that they are agreeable to the settlement and do not wish to press the criminal charges against each other any further.

5. In view of the fact that the disputes between the petitioners and respondents have been settled, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIRs and the consequent proceedings emanating there from.

6. In view of the above, the petitions are allowed. FIR No.208/2012 under Sections 323/308/34 at Police Station Mayur Vihar Phase-I, New Delhi and FIR No.209/2012 under Sections 307/323/34 at Police Station Mayur Vihar Phase-I, New Delhi and the consequent proceedings emanating there from are, accordingly quashed, subject to payment of costs of Rs.5000/- each to be paid by each of the petitioners to Delhi High Court Bar Association Employees Welfare Fund within a period of three weeks. Receipt of deposit of cost be furnished to the Investigating Officer, within four weeks.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JULY 10, 2018 rk