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/ "1 $-19/76 HIGH COURT OF DELHI
CRL.M.C. 2732/2017
SUNIL KUMAR TIWARI & ORS . Petitioners
Through Mr. Dalip Kumar Santoshi and Mr. Sandeep, Advs.
CRL.M.C. 2732/2017
SUNIL KUMAR TIWARI & ORS . Petitioners
Through Mr. Dalip Kumar Santoshi and Mr. Sandeep, Advs.
VERSUS
d THE STATE OF NCT OF DELHI & ORS Respondents
Through Ms. M.S. Oberoi, APP with SI Praveen Kumar, P.S. Mandawali for the State
Mr. Pramil Kumar, Adv. with private respondents
Through Ms. M.S. Oberoi, APP with SI Praveen Kumar, P.S. Mandawali for the State
Mr. Pramil Kumar, Adv. with private respondents
AND
CRL.M.C. 2766/2017
RAVI KUIVIAR & ORS Petitioners
Through Mr. Pramil Kumar, Adv.
RAVI KUIVIAR & ORS Petitioners
Through Mr. Pramil Kumar, Adv.
VERSUS
THE STATE OF NCT OF DELHI & ORS .....Respondents
Through Ms. G.M. Farooqui, APP with SI Praveen Kumar, P.S. Mandawali for the State
Mr. Dalip Kumar Santoshi and Mr. Sandeep, Advs. for the private respondents
Through Ms. G.M. Farooqui, APP with SI Praveen Kumar, P.S. Mandawali for the State
Mr. Dalip Kumar Santoshi and Mr. Sandeep, Advs. for the private respondents
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
29.11.2017 It is submitted that petitioners and private respondents, in both the
2017:DHC:8274 matters, are neighbours. Petitioners and private respondents are also involved in the cross FIRs, quashing whereof has been prayed by these petitions. Petitioners and private respondents have prayed for quashing of the following cross FIRs:-
FIR No. 293/2013 under Sections 19 147/148/149/325/427/452/392/397/354/506/509/34 IPC registered at P.S.
Mandawali on the complaint of Mr. Ashok Kumar (respondent no. 2) in Cr1.
M.C. No. 2732/20 17; and FIR No. 249/2013 under Sections 147/148/149/307/308/323/324/325
IPC & Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 registered at P.S. Mandawali on the complaint of Mr. Sandeep Kumar (respondent no. 2) in Cr1. M.C. NO. 2766/20 17 and petitioner no. 3 in Cr1. M.C. No. 2732/2017.
It is submitted that with the interventions of their common friends and family members, petitioners and private respondents have settled their disputes; therefore, aforesaid cross FIRs may be quashed. Petitioners and private respondents, in both the petitions, are present in Court along with their counsels and have been identified by SI Praveen Kumar of police station Mandawali. 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 fact that a quarrel took place between the petitioners and private respondents on some trivial matter, which had led to the incident, resulted in registration of the cross FIRs and they have settled their disputes amicably with the intervention of their common friends and family members in order to maintain harmonious relations in future, no fruitful purpose would be served to keep the criminal proceedings pending.
Accordingly, in the interest of justice both the FIRs, that is, FIR NO. 293/2013 under Sections 147/148/149/325/427/452/39/397/354/506/509/34
IPC and FIR No. 249/2013 under Sections 147/148/149/307/308/323/324/325 IPC & Section 3(i)(x) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at P.S. Mandawali and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Dasti.
A.K. P THAK, J.
NOVEMBER 299 2017 r. bararia
29.11.2017 It is submitted that petitioners and private respondents, in both the
2017:DHC:8274 matters, are neighbours. Petitioners and private respondents are also involved in the cross FIRs, quashing whereof has been prayed by these petitions. Petitioners and private respondents have prayed for quashing of the following cross FIRs:-
FIR No. 293/2013 under Sections 19 147/148/149/325/427/452/392/397/354/506/509/34 IPC registered at P.S.
Mandawali on the complaint of Mr. Ashok Kumar (respondent no. 2) in Cr1.
M.C. No. 2732/20 17; and FIR No. 249/2013 under Sections 147/148/149/307/308/323/324/325
IPC & Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 registered at P.S. Mandawali on the complaint of Mr. Sandeep Kumar (respondent no. 2) in Cr1. M.C. NO. 2766/20 17 and petitioner no. 3 in Cr1. M.C. No. 2732/2017.
It is submitted that with the interventions of their common friends and family members, petitioners and private respondents have settled their disputes; therefore, aforesaid cross FIRs may be quashed. Petitioners and private respondents, in both the petitions, are present in Court along with their counsels and have been identified by SI Praveen Kumar of police station Mandawali. 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 fact that a quarrel took place between the petitioners and private respondents on some trivial matter, which had led to the incident, resulted in registration of the cross FIRs and they have settled their disputes amicably with the intervention of their common friends and family members in order to maintain harmonious relations in future, no fruitful purpose would be served to keep the criminal proceedings pending.
Accordingly, in the interest of justice both the FIRs, that is, FIR NO. 293/2013 under Sections 147/148/149/325/427/452/39/397/354/506/509/34
IPC and FIR No. 249/2013 under Sections 147/148/149/307/308/323/324/325 IPC & Section 3(i)(x) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at P.S. Mandawali and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Dasti.
A.K. P THAK, J.
NOVEMBER 299 2017 r. bararia
JUDGMENT