Rajinder & Ors v. The State Govt of NCT of Delhi & Ors

Delhi High Court · 22 Jan 2018 · 2018:DHC:9313
Sanjeev Sachdeva
CRL.M.C. 327/2018
2018:DHC:9313
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a minor altercation between neighbors following amicable settlement, holding that continuation of criminal proceedings would be futile and contrary to justice.

Full Text
Translation output
$-64&67 HIGH COURT OF DELHI ± CRL.M.C. 327/2018
RAJINDER & ORS Petitioners
Through Mr. R.C. Tiwari with Ms. Suman Sharma, Advocates.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ORS .....Respondents
Through Mr. Arun Kumar Sharma, APP for the State.
Mr. Rahul Sheoran, Advocate for respondent Nos. 2 to 4.
ASI Mahavir Singh, PS Neb Sarai.
CRL.M.C.33312018 MAHESH & ORS Petitioners
Through Mr. Rahul Sheoran, Advocate.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ORS .....Respondents
Through Ms. Anita Abraham, APP for the I State.
Mr. R.C. Tiwari with Ms. Suman Sharma, Advocates for respondent
Nos.2 to 5.
ASI Mahavir Singh, PS Neb Sarai.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
22.01.2018
CRJLMC.327/2018& Pagel
CRIIMC. 333/2018
2018:DHC:9313 -Ia 21Z Crl.M.A.1 247/2018 (exemption) in CRL.M.C. 327/2018
Crl.M.A.1268/2018 (exemption) in CRL.M.C. 333/2018
Exemptions are allowed subject to all just exceptions.
CRL.M.C. 327/2018 & CRL.M.C. 333/2018
ORDER

1. Petitioners in these respective petitions seek quashing of cross- FIRs registered against each other. The petitioners in Crl.M.C. 327/2018 seek quashing of FIR No.1141/2015 under Section 308/323/506/34 IPC, Police Station Neb Sarai. Petitioners in Crl.M.C.333/2018 seek quashing of FIR No.1142/2015 under Section 308/341/323/506/34 IPC, Police Station Neb Sarai. The parties are neighbours. The incident is stated to have taken place on account of minor altercation leading to injuries to both sides. With the intervention of the locals and respectable members of the locality, parties have settled their disputes. Both the parties are present in person in Court today, represented by their counsels and are identified by the Investigating. Officer. They submit that they have settled their all disputes with the intervention of locals and respectable people of the locality. They further submit that they do not wish to press the criminal complaints against each other any further. In view of the fact that the disputes between the parties 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 CRL.MC. 327/2018 & Page 2 CRL.MC. 333/2018 justice being the ultimate guiding factor. It would also be expedient to quash the subject FIRs and the consequent proceedings emanating therefrom. In view of the above, the petitions are allowed. FIR No.1141/2015 under Section 308/323/506/34 IPC, Police Station Neb Sarai and FIR No.1142/2015 under Section 308/341/323/506/34 IPC, Police Station Neb Sarai and the consequent proceedings emanating therefrom are, accordingly quashed. Order Dasti under signatures of the Court Master. t4EV SACHDEVA, J JANUARY 22,2018 St CRIi.MC. 327/2018 & CRAM C. 333/2018 Page 3