Suresh Kumar v. State (Govt of NCT of Delhi) & Ors.

Delhi High Court · 06 Apr 2018 · 2018:DHC:8426
A.K. Pathak
CRL.M.C. 1228/2018
2018:DHC:8426
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a trivial quarrel between neighbors after amicable settlement, exercising its inherent jurisdiction under Section 482 Cr.P.C.

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$-'38/62 HIGH COURT OF DELHI
CRL.M.C. 1228/2018
SURESH KUMAR Petitioner
Through Mr. M.P. Sinha and Mr. Yatharth Sinha, Advs.
VERSUS
■<
STATE (GOVT OF NCT OF DELHI) & ORS
Through Respondents Ms. Manjeet Arya, APP with SI Devi
Lai, P.S. Maurya Enclave Private respondents in person
AND
GRLM.C. 1689/2018
NARESH & ANR Petitioners
Through Mr. Mayank Gupta, Adv.
VERSUS
. n STATE (GOVT. OF NCT OF DELHI) & ORS
Through Respondents Dr. M.P. Singh, APP with SI Devi
Lai, P.S. Maurya Enclave Private respondents in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
06.04.2018 By these petitions under Section 482 Cr.P.C., it has been prayed that following cross FIRs may be quashed.
2018:DHC:8426 (a) FIR No. 559/2017 under Sections 307/34 IPC registered at P S.
Maurya Enclave. Mr. Naresh Kumar @ Deni and Mr. Desh Raj @ Deshu are respondent ns. 2 and 3 in Crl. M.C. No. 1228/2018 and they petitioners in Crl. M.C. No. 1689/2018. They are injured in.the aforesaid are
FIR.
(b) FIR No. 560/2017 under Sections 341/307/34 IPC ^registered
Maurya Enclave on the complaint of respondent
Crl. M.C. No. 1689/2018. Mr. Suresh Kumar and Mr. at P.S. no. 3 Mr. Suraj @ Golu in
Suraj @ Golu are injured in the aforesaid FIR and accused/petitioner nos. 1 and 2 in Crl. M.C.
1228/2018.
It IS submitted that Mr. Suresh Kumar, Mr. Suraj @ Golu, Mr. Arjun Kumar, Mr. Naresh Kumar @ Deni and Mr. Desh Raj @ Deshu neighbours. A quarrel took place between them wherein both the parties sustained injuries.
Learned APP submits that Naresh Kumar @ Deny had sustained grievous injuries; therefore, both the aforesaid FIRs may not be quashed.
Suresh Kumar, Mr. Suraj @ Golu, Mr. Naresh Kumar @ Deni are on some trivial issues.
Mr. and Mr. Desh Raj @ Deshu (injured persons) are present in Court and have been identified by SI Devi Lai of police station Maurya Enclave. They submit that they have settled their disputes amicably and are not willing to pursue their respective FIRs.
Keeping in mind the fact that a quarrel ensued between the neighbours on some trivial matter ^d they have settled the voluntarily, in my view, no fixiitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice both the FIRs, that is, FIR No. 559/2017 under Sections 307/34 IPC and FIR NO. 560/2017 under Sections 341/307/34 IPC, both registered at P.S. Maurya
Enclave and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed ofin the above terms. Dasti. matter
'■•v r A.K. PATHAK, J.
APRIL 06, 2018 r. hararia
JUDGMENT