Yogesh Sharma & Ors v. State & Ors

Delhi High Court · 06 Dec 2017 · 2017:DHC:8268
A.K. Pathak
CRL.M.C. 299/2017
2017:DHC:8268
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from landlord-tenant disputes based on an amicable settlement and the complainants' unwillingness to proceed, exercising its inherent powers under Section 482 CrPC.

Full Text
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$-l3/l5 HIGH COURT OF DELHI
CRL.M.C. 288/2017 & Cr1.
M.A. no. 1279/2017
PARMOD DHAMEJA & ORS Petitioners
Through Mr. Narender Arora, Adv.
VERSUS
STATE (GOVT NCT OF DELHI) & ANR .....Respondents
Through Mr. G.M. Farooqui, APP with SI It Praveen, P.S. Jagatpuri for the State
Respondent no. 2 in person
CRL.M.C. 299/2017 & CRL.M.A. 1313/2017
YOGESH SHARMA & ORS .....Petitioners
Through Mr. Sumit Behl, Adv.
VERSUS
STATE & ORS .....Respondents
Through Mr. G.M. Farooqui, APP with SI Praveen, P.S. Jagatpuri for the State
Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK 06.12.2U17 Landlord and tenant disputes led to registration of the following cross
FIRs:- 2017:DHC:8268 (a) FIR No. 593/20 1 1 under Sections 323/354/506/34 IPC registered at
P.S. Jagat Puri on the complaint of Ms. Nishi Dhameja (respondent no. 2) in
Cr1. M.C. No. 299/2017; and (b) FIR No. 594/201 1 under Sections 324/34 IPC registered at P.S. Jagat
Puri on the complaint of Mr. Love Kant Sharma (respondent no. 2) in Cr1.
M.C. No. 288/2017.
I t It is submitted that Shri Parmod Dhameja and Ms. Nishi Dhameja were the landlords and Shri Yogesh Sharma and Shri Love Kant Sharma were tenants. Other petitioners and private respondents are related to the landlords/tenants. It is submitted that with the interventions of their common friends and family members, petitioners and private respondents have settled their disputes amicably, vide a Compromise Deed dated 14th
, July, 2016; therefore, both the aforesaid cross FIRs and the consequent proceedings emanating therefrom may be quashed. Complainants/inured
Shri Love Kant Sharma, Ms. Nishi Dhameja, Shri Yogesh and Shri Rajesh
Dhameja are present in Court and have been identified by SI Praveen of police station Jagatpuri. Private respondents submit that they are not willing to pursue the FIRs any further against the petitioners and the same may be quashed.
Keeping in view the settlement arrived at between the petitioners
(accused) and private respondents (complainants), in the interest of justice both the FIRs, that is, FIR No. 593/20 1 1 under Sections 323/354/506/34 IPC and FIR No. 594/20 1 1 under Sections 324/34 IPC registered at P.S. Jagat
Puri and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous
If applications are disposed of as infructuous. Dasti.
A.K. PATHAK, J.
DECEMBER 069 2017 r.bararia
JUDGMENT