Kunal v. State of NCT of Delhi & Anr

Delhi High Court · 08 Jan 2018 · 2018:DHC:8672
Indermeet Kaur
W.P.(CRL) 2956/2017
2018:DHC:8672
criminal petition_allowed

AI Summary

The Delhi High Court quashed two cross FIRs involving non-serious offences based on a voluntary compromise between neighbors, subject to payment of compensation for investigation costs.

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$-4 & 5 HIGH COURT OF DELHI W.P.(CRL) 2956/20 17
KUNAL.......................Petitioner
Through Mr.H.K.Dhariwal, Advocate.
VERSUS
STATE OF NCT OF DELHI & ANR Respondents . Through Ms.Purnima Malik, Adv. for Mr.Avi
Singh, ASC for the State/R-1.
SI Jainender Kumar from Police Station Anand Vihar.
Mr.Rahul Chaudhary, Adv. for R-2.
W.P.(CRL) 2960/20 17 JEET SINGH Petitioner
Through Mr.Rahul Chaudhary, Adv.
VERSUS
THE STATE OF NCT OF DELHI & ANR....................Respondents
S
Through Ms.Purnima Malik, Adv. for Mr.Avi Singh, ASC for the State/R- 1.
SI Jainender Kumar from Police Station Anand Vihar.
Mr.H.K.Dhariwal, Advocate for R-2.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
08.01.2018 o.17200/2017 (exemption) in W.P.(CRL) 2956/2011 o.17214/2017 (exemption) in W.P.(CRL) 2960/2011
2018:DHC:8672 Exemption is allowed subject to just exceptions. Applications disposed of.
W.P.(CRL) 2956/2017 & W.P.(CRL) 2960/2011
These are two cross FIRs. FIR No.0542/2016 has been registered under Sections 308/323/34 of the IPC at police station
Anand Vihar on the complaint of Jeet Singh. The second FIR i.e. the
FIR No.0541/2016 has been registered under Sections 323/341/506 of the IPC at the same police station on the complaint of Kunal. The
FIRs have been registered in the year 2016. Parties are neighbours. It is stated that they have since settled their disputes. The settlement deed containing the terms of their settlement has been placed on record. It is stated that it is with the intervention of the family members, common friends and respectable persons of the society that the parties have entered into this compromise voluntarily and they do not wish to pursue their case any further. They accordingly pray that the respective FIRs be quashed.
Learned counsel for the State at the outset points out that both the parties had compromised the matter but the investigation process was going on since the year 2016 and the State has incurred expenditure for which the parties must compensate.
Noting the above narration of facts, the prayers made in both the petitions are granted. Accordingly both the FIRs i.e. FIR
No.542/2016 registered under Sections 308/323/34 of the IPC as also
FIR No.541/2016 registered under Sections 323/341/506 of the IPC both at police station Anand Vihar stand quashed. This order is passed subject to payment of Rs.1O,000/- by each of the complainants with the Delhi High Court Legal Services Committbe.
Petitions disposed of.
INDERMEET KAUR, J JANUARY 089 2018 ndn [I
JUDGMENT