Dharmender & Ors v. State & Ors

Delhi High Court · 30 Oct 2017 · 2017:DHC:8074
A.K. Pathak
CRL.M.C. 2390/2017; CRL.M.C. 2377/2017
2017:DHC:8074
criminal appeal_allowed

AI Summary

The High Court quashed cross FIRs arising from a family quarrel under Sections 323, 324, 341, and 34 IPC on the basis of an amicable settlement between the parties to maintain family harmony.

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* IN THE HIGH COURT
+ CRL.M.C. 2390/2017
DHARMENDER & ORS
Through
VERSUS
OF DELHI AT NEW DELHI
Petitioners
Mr. Rajesh Tanwar, Adv
STATE & ORS Respondents
Through Ms. Manjeet Arya, APP for State with
SI Vikas Kumar, PS Dwarka (South)
Mr. H S Mehra, Adv for R-2
+ CRL.M.C. 2377/2017
PYARE LAL & ORS Petitioners
Through Mr. H S Mehra, Adv
VERSUS
STATE & ORS Respondents
Through Ms. Manjeet Arya, APP for State with
SI Vikas Kumar, PS Dwarka (South)
Mr. Rajesh Tanwar, Adv for respondent no.2
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
% 30.19.2017
Petitioners (accused) in both the petitions have prayed for quashing of the following cross FIRs:-
FIR No. 107/2013 'inder Set'tions 323/324/341/34 IPC registered at
P.S. Dwarka (south) the complaint of Pyare Lal respondent no. 2 in
CRL.M.C. 2390/2017.
FIR No. 108/2013 under SecLions 323/324/341/34 IPC registered at
P.S. Dwarka (south) the complaint of Dharmender, respondent no. 2 in
CRL.M.C. 2377/2017
Petitioners and private respondents (complainants) are related to each other. It appeais tha a quarfel took place between them on some trivial
2017:DHC:8074 issues, which had led to registration of the .aforesaid cross FIRs. It is submitted that petitioners and private respondents have settled their disputes amicably with the intervention of their elders in the family. Private respondents, namely, Pyare Lal, Anil Kumar, Sunil Kumar, Bharti, Neeraj and Jai Kishan (in CRL.M.C. 2390/2017) and Dharmender, Vijay and
Meenakshi (in CRL.M.C. 2377/2017) are present in Court and have been identified by SI Vikas Kumar of PS Dwarka (South). They submit that they are not willing to pursue their respective FIRs in view of the settlement and the same may be quashed.
Keeping in mind the facts and circumstances as detailed above, more particularly the fact that a.cuscJ persons and complainants are close relatives, inasmuch as have settled their disputes in order to maintain harmonious relation in future, in the interest of justice both the FIRs, that is, FIR
No.107/2013 under Sections 323/324/341/34 IPC and FIR No. 108/2013 under Sections 323/324/341/34 IPC, both registered at P.S. Dwarka (south) and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.
A.K. I¼ITHAK, J
OCTOBER 30, 2017 sm
2017:DHC:8074
JUDGMENT