Javed v. The State Govt of NCT of Delhi & Anr

Delhi High Court · 26 Feb 2018 · 2018:DHC:8379
A. K. Pathak
CRL.M.C. 970/2018
2018:DHC:8379
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from trivial disputes on the basis of an amicable settlement under its inherent powers under Section 482 Cr.P.C.

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I
$-41/15 HIGH COURT OF DELHI
CRL.M.C. 970/2018 & Crl.
M.A. No. 3569/2018
JAVED _ Petitioner
Through Mr. Salim Malik, Adv. with petitioner in person
VERSUS
THE STATE GOVT OF NCT OF DELHI &ANR Respondents
. Through Ms. Meenakshi Dahiya, APP for State with SI Shailendra Kumar Singh, P.S.
Gokulpuri Mr. Raj Kumar, Adv. with respondent no. 2 in person
AND
CRL.M.C. 1268/2017
NIHAL SINGH & ORS. Petitioners
Through Mr. Raj Kumar, Adv. with petitioners in person
VERSUS
THE STATE (GOVT. OF NCT OF DELHI) &ANR Respondents
Through Ms. Meenakshi Dahiya, APP for State with SI Shailendra Kumar Singh, P.S.
Gokulpuri Mr. Salim Malik, Adv. with respondent no. 2 in person
CORAM;
HON'BLE MR. JUSTICE A.K. PATHAK
26.02.2018 By these petitions under Section 482 Cr.P.C., petitioners (accused)
2018:DHC:8379 have prayed for quashing ofthe following cross FIRs:-
(a) FIR No. 4/2009 under Sections 457/380/34 IPG registered at P.S.
Yamuna Vihar/Gokulpuri on the complaint ofShriNihal Singh, respondent no. 2/complainant in Crl. M.C. No. 970/2018 and petitioner no. 1/accused in
Crl.M.C. No. 1268/2017.
(b) FIR No. 262/2009 under Sections 325/34 IPG registered at P.S.
Yamuna Vihar/Gokulpuri on the complaint of Shri Javed, respondent NO. 2/complainant in Grl. M.G. No. 1268/2017 and petitioner/accused in Grl.
M.G. No. 970/2018.
It is submitted that accused persons/complainants have settled their disputes amicably vide Gompromise Deed dated lO"" October, 2013 oftheir own free will and without any undue force, pressure or coercion; therefore, aforesaid FIRs and the consequent proceedings emanating therefrom may be quashed. Javed, Nihal Singh, Rakesh Kumar, Yed Prakash, Rinku and
Ankur are present in Gourt along with their counsels and have been identified by SI Shailendra Kumar ofpolice station Gokulpuri. They submit that disputes arose between them on some trivial issues, which led to registration ofthe aforesaid cross FIRs.
Gomplainants in both the FIRs are not willing to pursue their r respective FIRs.
Keeping in mind the fact tha.t aquarrel ensued between the petitioners and private respondents, on some trivial matter and acompromise has been entered into between them, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice both the FIRs, that is, FIR No. 4/2009 under Sections 457/380/34
IPG and FIR No. 262/2009 under Sections 325/34 IPG registered at P.S.
Yamuna Vihar/Gokulpuri and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed ofin the above terms. Miscellaneous application is disposed of as infructuous. Dasti.
FEBRUARY 26,2018 r. bararia A.K.^THAK, J.
JUDGMENT