Ram Roop Choudhary v. The State & Anr

Delhi High Court · 06 Nov 2017 · 2017:DHC:8077
A. K. Pathak
CRL.M.C. 3661/2017
2017:DHC:8077
criminal petition_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a trivial family quarrel after the parties amicably settled their disputes, exercising its inherent powers under Section 482 CrPC.

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$-.,34/35 HIGH COURT OF DELHI
CRL.M.C. 3661/2017 & Cr1.
M.A. No. 14900/2017
RAM ROOP CHOUDHARY Petitioner
Through Mr. U.K. Giri and Ms. Sakshi, Advs.
VERSUS
THE STATE & ANR Respondents
JUDGMENT

4 Through Ms. Meenakshi Chauhan, APP for respondent no. 1 Respondent no. 2 in person. + 'CRL.M.C. 3693/2017 & Cr[1]. M.A. No. 15021/2017 JATINDER KUMAR CHOUDHARY JEETU & ORS Petitioners Through Mr. Sumit Arora, Adv.

VERSUS

THE STATE & ANR Respondents Through Ms. Meenakshi Dahiya, APP for respondent no. 1 Respondent no. 2 in person. CORAM: HON'BLE MR.

JUSTICE A.K. PATHAK ORDER % 06.11.2017 By these petitions, petitioners have prayed for quashing of the following cross FIRs:- (a) FIR No. 138/2012 under Sections 325/34 IPC registered at Police 2017:DHC:8077 Station Anand Parbat on the complaint of Ram Roop Chaudhary (respondent no. 2) in Cr!. MC No.3693/2017 and petitioner in Cr[1]. M.C. No.3661/2017; and (b) FIR No. 147/2012 under Section 308 IPC registered at Police Station Anand Parbat on the complaint of Jitender Chaudhary @ Jeetu (respondent no. 2) in Cr[1]. MC No. 3661/2017 and petitioner no. 1 in Cr!. M.C. NO. 3693/2017. Learned APP submits that Ms. Kiran is one of the accused in FIR No. e. 138/2012 has not been made a party in Cr[1]. M.C. no. 3693/2017. On the oral prayer made by the learned counsel for the petitioners, Kiran is impleaded as respondent no. 3 in Cr[1]. M.C. No. 3693/2017. Amended memo of parties be filed during the course of the day. Shri Ram Roop is father of Shri Jitender Chaudhary @ Jeetu, Smt. Malti Devi is his wife. Shri Ram Bahal is brother of Shri Ram Roop, Smt. Chander Wati is wife of Shri Ram Bahal and sister-in-law of Shri Ram Roop. A perusal of FIRs shows that a quarrel took place on some trivial issue, which led to a fight, in which Shri Ram Roop and Smt. Malti Devi sustained injuries. Family members have now settled their disputes amicably in order to maintain harmonious relations in future. They say that they have settled the matter of their own free will, voluntarily and without any undue force, pressure or coercion. Complainants Shri Ram Roop and Shri Jitender Chaudhary are present in Court. They submit that they are not willing to pursue the FIRs any further and both the FIRs may be quashed. Keeping in view the fact that petitioners and private respondents are closely related to each other and a quarrel ensued between them on some trivial matter, which had led to registration of the cross FIRs and they have now settled their disputes amicably in order to maintain harmonious relations in ftiture, in the interest of justice both the FIRs, that is, FIR NO. 138/2012 under Sections 325/34 IPC and FIR No. 147/2012 under Section 308 IPC, both registered at Police Station Anand Parbat and the consequent proceedings emanating therefrom are quashed. ( Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti. A.K. P L THAK, L NOVEMBER 069 2017 r. bararia