Ranjeet Singh v. The State Govt of NCT of Delhi

Delhi High Court · 10 Jan 2018 · 2018:DHC:9305
Sanjeev Sachdeva
2018:DHC:9305
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed FIRs arising from family property disputes after the parties amicably settled, exercising its inherent powers under Section 482 CrPC and imposing costs to prevent misuse of state machinery.

Full Text
Translation output
'y' \ K j
$-35,3,7 &-38 - . - ,• "
HIGH COURT OF DELHI
. CRL.M.e. n6/2018 • - ; . .
MAi^FJEET SINGH &ORS ..... Petitioners
Through . Mr. C. Rajaram, Advocate.
VERSUS
' • "
THE STATE GOVT OF NCT OF E)ELHi &ORS .....Respondents
Through Mr. ArunKumar Sharma, APP.
SI Ashok Kumar, PS. Amar Colony.
;+ CRLM.C. 118/2018 ' , . RANJEET SINGH & ORS Petitioners
• - . Through Mr. ShashiPanwar, Advocate..
•versus
THE STATE GOVT OF NCT OF DELHI &ORS ..... Respondents
•Through Mr. Arun KumarSharma, APP.
SI Ashok Kumar, PS. Amar Colony.
CRL.M.C.i19/2018 , • , , ' '
RANJIt SINGH & ORS , .....Petitioners
Through Mr. Shashi Panwar, Advocate.
VERSUS
THE STATE GOVT OF NCT OF DELHI &ORS Respondents
Through Mr. Arun Kumar Sharma, APP.' ' ,SI Ashok Kumar, PS. Amar Colony.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
: 10.01.2018 I ^ ' Crl.M.A.493/2018 ifexemption^ in CRL.M.C. 116/2018
CrI.M.A.497/2018 rexemption) in CRL.M.C. 118/2018
CRLM.C. 116/2018 CRL.M.C: 118/2018 '• ^ ^ ^ v
CRL.M.C. 119/2018 ^
2018:DHC:9305 n/ CrI.M.A.498/2018 (exemption! in CRL.M.C. 119/2018
Exemptions areallowed subject to alljust exceptions.'
CRL.M.C. 116/2018. CRL.M.C. 118/2018 & CRL.M.C. 119/2018
ORDER

1. The petitioners, by the present petition, seek quashing of FIR No.332 under Sections 354/323/341/509/34 IPC, Police Station Amar Colony, FIR No.333 under Sections. 354/323/341/509/34 IPC, PoHce Station Amar Colony and FIRNo.289 under Sections 341/354/509/34 - \ IPC^ Police Station Amar Colony. The subject FIRs are cross-FIRs, lodged by the family members against' each other on account of various altercations. The disputes relate to partition of a property of the predecessor,, the father of Sardar Manjeet- Singh and Sardar Ranjeet Singh. The others are the family member of the said two" brothers.

2. Though, the petition mentions that the FIR No.289/2016 is also registered under Section 307IPC,>owever, perusal of the FIR as well as the chargesheet shows that the same is not registered under Section 307 IPC and eyen the chargesheet has not been filed under Section 307 IPC. Learned Additional Public Prosecutor, under instructions from the InvestigatingOfficer, submitsthat the said chargesheet is not under Section 307 IPC and it is an error on behalf of the parties to mention that the said FIRNo.289/2016 is under Section 307 IPC.

3. All the parties are present in Court and are represented by their counsel and are- identified, by the Investigating Officer. The parties submit that they have amicably settled their disputes with the.CRL.M.C. 116/2018 & CRL.M.C. 118/2018 Page 2 CRL.M.C. 119/2018, ' intervention of otherfamily members and with a viewto put a quietus to the disputes between the parties and restore family peace- and harmony and do not wish to prosecute the complaints against each other. The parties contend that they have entered into a settlement and have executed a Compromise Deed/Family Settlement Deed dated 11.12.2017. It is contended that, in view ofthe'settlement, the suit for partition has also been withdrawn and the parties have now settled all their disputes with regard to the family relations as well as theproperties. ', ',

4. In view of the factthat tlie parties are family members and have settled their disputes with regard to the properties and.restored family relations and, have entered into a settlement for the purposes of restoring family peace and harmony; and the fact that the parties,do not wish to prosecute the.complaints against each other, in my view, no fruitful purpose would be served in,continuing with the criminal proceedings as there is a slim likelihood,of conviction. Further, it would'be expedient and in the interest of justice, to quash the FIR No.332 under Sections 354/323/341/509/34 IPC, PoHce Station Amar Colony, FIRNo.333 under Sections 354/323/341/509/34^ IPC, Police StationAmar Colony and FIR No.289 Under Sections 341/354/509/34 IPC,. Police Station Arnar Colony as well as the consequent proceedings arising there from.,

5. Learned Additional.Public Prosecutor submits that, in case, the Court is inclined to exercise powers under Section 482, it should, be. subject to terms since the parties for resolution of their private CRL.M.C. 116/2018 &CRL.M.C. 118/2018 •,, Page[3] CRLM.C. 119/2018disputes relating to aproperty have used the State machinery.

6. In view of.the above, the subject FIR No.332 under. Sections 354/323/341/509/34. IPG, PoHce Station Amar Colony, FIR No.333 under Sections 354/323/341/509/34 IPG, Police Station Amar Golony and FIR No..289 under Sections 341/354/509/34 IPG, Police Station Amar Golony and the consequent proceedings emanating there from are quashed..Both the parties, i.e. the members of the family of Sardar Maiijeet Singh and Sardar.Ranjeet Singh respectively shall deposit cost,of Rs.25,000/- with' "Z)e//z/ Welfare Fund", Department of Women and Ghild Development, 1A, Ganning Lane, Kasturba Gandhi Marg, New Delhi, within a period of two weeks. from today. Receipt ofdeposit ofthe costs imposed by this Order be furnished to the concerned Investigating Officer within a period of.three weeks,fromtoday. •. •_ '

7. • OrderDasti underthe signatures of the Gourt Master. i • • r ~ • •; • • sanj: JANUARY 10,2018 st •' ' V SACHDEVA, J NJEE