Girdharilal & Ors v. The State Govt of NCT of Delhi & Anr

AND

CRL.M.C. 1027/2018 & CRL.M.A. 3732/2018
SEMIYAL @BABLU &ANR Petitioner
Through: Mr. Vijay Kinger, Adv.

THE STATE GOVT OF NCT OF DELHI &ANR Respondent
Through: Mr. Panna Lai Sharma, APP for State with SI Samrat Khatiyan, PS
Harsh Vihar.

HON'BLEMS. JUSTICEANU MALHOTRA ^ ORDER o/„ 27.02.2018
Vide the present petition Crl. m!c. 1026/2018, the petitioner seeks quashing ofFIR No.362/2015, registered at PS Harsh Vihar, under Sections
323/354/354B/452/34 Indian Penal Code, 1860 lodged on the complaint of the respondent no.2 therein Ms. Xas per which the respondent no.2 and the
2018:DHC:8400 ,! respondent no.3, daughter-in-law of the respondent no.2 were allegedly injured and also alleged that they were molested, submitting to the effect
. . ' that asettlement has been arrived at between the parties.
- Ithas also been submitted through the.petition that the cross case has
. " also been registered in theiinstpt case i.e. FIR No. 361/2015 against the
• respondent no.2 on the basis of the complaint registered by the petitioner no.2 against tlie spouse of the respondent no.3 who is also the son of the respondent no.2 and also against one Mr. Monpal @Monu. It has also been
.submittedfthrpugh the petition that the parties are neighbours and a y settlement has been arrived at amicably.
The Investigating Officer of the case deputed by the Police Station
-concerned present today in Court has identified the petitioner no. 1 Shri
^ Girdhari Lai, s/o Shri Ram Sharma, petitioner no.2 Smt. Kusum Sharma, w/o Shri Girdhari Lkl, petitioner no.3 Shri Ashu Sharma,, s/o Shri Girdhari
Lai as being the accused arrayed in the FIR No.362/20l5, registered, at PS
Harsh Vihar, under Sections 323/354/354B/452/34 Indian Penal Code, 1860
, and has also identified;the respondent nos.2 &,3 in the instant case on the
;; , basis ofproofofidentities by them, photocopies ofwhich are on the record
•\ ' as Ex. CWl/A and Ex. CWl/E, originals of which have been seen and
.; , returned.
Xlie respondent nos. 2&3in the instant case have been examined and have testified to having sworn their affidavits annexed to the petition as
. ^ Ex.CW2/A and Ex. CW3/A and have further testified to haying signed the mediation settlement dated 12.02.2018 airiyed at the Delhi Mediation
' f: Centre, KKD Courts, New I^elhi, copy of which is on the record as Ex.
CW2/B voluntarily oftheir own accord without any duress or coercion from any quarter. Th^ resi)pndent nt)s. 2&3have further testified^to the effect that the petitioner nos.,1, 2&3are their neighbours and they are living
' peacefully now and^ thus they do not oppose the prayer made,by the petitioners seeking.quashing ofthe FIRNo.362/2015, registered at PS Harsh
.yihar, under Sections 323/354/354B/452/34 Indian Penal Code, 1860 and
•nor do they want the petitioners to be punished in relation thereto
Cri: M.G. 1027/2018, is filed by;the son ofthe respondent no.2 herein arrayed iri' Cvl M.C. 1026/18 and he is also the spouse of the respondent
; no.3.,.
:FIR No.361/2bl5 is indicated to be registered at PS Harsh Vihar, under Sections,323/354//452/50,6/34 Indian Penal Code, 1860 and it has been testified by the respondent no.2 therein that is the complainant of the
FIR 361/15 that in.view ofthe settlement arrived at between the petitioners
. and herself and as the petitioners are her neighbiaurs and they are living peacefully together thus she does not oppose the prayer made by the petitioner seekirijg quashing of the FIR in question and testified to having sworn her affidavit Ex. CW2/A placed in Crl. M.C. 1027/18 and testified to having signed the mediation settlement .dated 12.02.2018 arrived at the
Delhi Mediation Centre, KKD Courts, Delhi Ex. CW2/B,voluntarily oftheir
'own accord without aiiy duress; pressure orcoercion from any^quarter.
Learned APP for the State submit^ that there is no opposition to the prayer made by the petitioner seeking.quashing of the FIR No. 362/15, PS
Harsh Vihar as also to the prayer made 'seeking quashing of the FIR NO. 3.61/15, PS Harsh Vihar in view of the settlement arrived at between the parties a,hd it has also been submitted on behalf ofthe State as is submitted through the petition under consideration that both the FIRs are cross-FIRs betweenthe sameparties virtually.
Aperusal of the FIR No. 362/15, PS Harsh Vihar indicates that it relates to the alleged occurrence of offence on 06.07.2015 at 1900 hours at
Harsh Viliar and FIR No. 361/15, PS Harsh Vihar is also alleged in relation to the same date of occurrence i.e. 06.07.2015 at 1900 hours at the same time when the incident in relation the FIR No. 362/15 is indicated to have
. been occurred. Both the occurrences ofthe offence in both the FIRs are indicated to have taken place at Gali No, 31, Harsh Vihar, Delhi. It is apparent thus that both the FIRs are cross FIRs and the parties are neighbours and have amicably settled their dispute inter se arid they are living peacefully together.
For maintenance ofpeace and harmony between the parties, it is thus considered appropriate to put aquietus to the litigation between the parties.
In view thereof FIR No.362/2015, registered at PS Harsh Vihar, under
Sections 323/354/354B/452/34 Indian Penal Code, 1860 in CRL.M.C.
1026/2018 against the petitioner no. 1 Shri Girdhari Lai, s/o Shri Ram
Sharma, petitioner no.2 Smt. Kusum Sharma, w/o Shri Girdhan Lai, petitioner no.3 Shri Ashu Sharma, s/o Shri Girdhari Lai and the FIR
No.361/20r5, registered at PS Harsh Vihar, under Sections
323/354//452/506/34 Indian Penal Code, 1860 CRL.M.C. 1027/2018 against
- the petitioner no. 1 Shri Semiyal Goviyas, s/o Shri Montu Goviyas, petitioner rio.2 Shri Monpal @Monu, s/o Shri Brij Pal and all the
' consequential proceedings emanatingtherefrom are quashed.
ANU MALHOTRAT^ FEBRUARY 27, 2018