Gurmeet Singh Ahluwalia & Anr v. Govt of NCT of Delhi & Anr

Delhi High Court · 15 Jan 2018 · 2018:DHC:9307
Sanjeev Sachdeva
CRL.M.C. 170/2018 & CRL.M.C. 171/2018
2018:DHC:9307
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross-FIRs registered under various IPC sections after the parties amicably settled their dispute and expressed no desire to continue prosecution.

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I
$-43 & 44 HIGH COURT OF DELHI
CRL.M.C. 170/2018
GURMEET SINGH AHLUWALIA & ANR Petitioners
Through ; Mr Sanobar Ah, Advocate.
VERSUS
GOVT OF NCT OF DELHI & ANR Respondents
Through : Mr Mukesh Kumar, APP.
' . SI Parveen Kumar, PS Rani Bagh.
CRL.M.C. 171/2018
SURAJ DUA & ORS Petitioners
Through
VERSUS
GOVT OF NCT OF DELHI & ANR Respondents
Through : Mr Mukesh Kumar, APP.
SI Parveen Kumar, PS Rani Bagh.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
15.01.2018 Crl. M.A. 729/2018(exemption) in CRL.M.C. 170/2018
Crl. M.A. 724/2018(exemption) in CRL.M.C. 171/2018
I
Allowed, subject to all just exceptions.
Crl.M.C.170/2018 &171/2018 Page 1 2018:DHC:9307
CRL.M.C. 170/2018 & CRL.M.C. 171/2018
ORDER

1. In these petitions, the petitioners seek quashing of the respective cross-FIRs.

2. The petitioners in Crl.M.C.170/2018 seek quashing of FIR No.01/2015 under Sections 323/341/509/34 IPC, Police Station Rani Bagh and petitioners in Crl.M.C.171/2018 seek quashing of FIR No.02/2015 under Sections 323/354A/34 IPC, Police Station Rani Bagh.

3. It is contended that because some misunderstanding, the incident happened between the parties after a New Year party celebration.

4. Parties have isntered into a Settlement on 07.11.2017, as recorded in Memorandum ofUnderstanding.

5. It is contended by learned counsel for the parties that with the intervention of some respectable peoples, the parties have able to arrive at the Settlement and to restore peace and harmony, they have decided to withdraw allegations against each other and not to prosecute theproceedings any further.

6. The respective complainants are present in person in Court and identified by their counsel as well as by the Investigating Officer. Crl.M.C.170/2018& 171/2018, Page 2 They submit that they do not have any objection to the quashing of the FIRs and the consequent proceedings arisingtherefrom.

7. Since the incident leading to the registration of the cross-FIRs happened on the spur of the moment after party celebrations and further that the parties have settled their disputes and do not wish to prosecute the proceedings any further, I am ofthe view that no fruitful pui-pose would be served in continuing withthe proceedings.

8. Keeping in view the facts that the parties have arrived at a settlement, I am of the view that it would be expedient and in the interest of justice that the subject FIRs and the consequent proceedings emanating therefrom be quashed.

9. Consequently, FIR No.01/2015 under Sections 323/341/509/34 IPC, Police Station Rani Bagh and FIR No.02/2015 under Sections 323/354A/34 IPC, Police Station Rani Bagh and the consequent proceedings emanating therefromare hereby quashed.

10. Order Dasti under signatures ofthe Court Master.

JANUARY 15, 2018 'Id' ^SAN.[4] EV SACHDEVA, J