Praveen Kumar & Ors. v. N.C.T. of Delhi & Ors.

Delhi High Court · 24 Oct 2017 · 2017:DHC:8072
A.K. Pathak
CRL.M.C. 4282/2017
2017:DHC:8072
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a trivial neighborly dispute following an amicable and voluntary settlement between the parties.

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,1 $-61/64 HIGH COURT OF DELHI
CRL.M.C. 4282/2017 & Cr1.
M.A. no. 17193/2017
PRAVEEN KUMAR & ORS. Petitioners
Through : Mr. J.S. Malik, Adv. with petitioners in person
VERSUS
N.C.T. OF DELHI & ORS. Respondents
Through Mr. Amit Gupta, APP with SI Arun Kumar, P.S. Ghazipur for the State
Respondent nos. 2 and 3 in person AND
CRL.M.C. 4290/2017
PAWAN SHARMA & ORS Petitioners
Through Mr. Roop Ram Sarwal, Adv.
VERSUS
THE STATE & ANR Respondents
Through Mr. Amit Gupta, APP with SI Arun Kumar, P.S. Ghazipur for the State
Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
24.10.2017 By these petitions, petitioners (accused) have prayed for quashing of the following cross FIRs:-
(a) FIR No. 225/2015 under Sections 308/323/34 IPC registered at P.S.
2017:DHC:8072 Ghazipur on the complaint of Shri Yashpal, respondent no. 2 in Crl.M.C.
No. 4282/2017. Shri Pawan Sharma had also sustained injuries in the quarrel. Respondent nos. 2 and 3, namely, Shri Yashpal and Shri Pawan
Sharma are petitioner nos. 1 and 2 in Cr1. M.C. No. 4290/20 17.
(b) FIR No. 226/2015 under Sections 354/354(A)(1)/451/34 IPC registered at P.S. Ghazipur on the complaint of Ms. Rekha, respondent no. 2 in Cr1. M.C. No. 4290/20 17.
It is submitted that accused and complainantlinjured have settled their disputes amicably being neighbours. Copy of the mutual Settlement Deed has been placed on record. Shri Yashpal, Shri Pawan Sharma and Ms. Rekha are present in Court with their respective counsels and have been identified by SI Arun Kumar of Police Station Ghazipur. They say that they have settled the matter of their own free will, voluntarily and without any undue force, pressure or coercion and have no objection in case the aforesaid
FIRs are quashed.
Keeping in mind that quarrel between the neighbours ensued on some trivial issue, which resulted in registration of the above noted cross FIRs and that the neighbours have settled their disputes amicably in order to maintain harmonious relation in future, in the interest of justice both the FIRs, that is, FIR No. 225/2015 under Sections 308/323/34 IPC and FIR No. 226/2015 under Sections 354/354(A)(1)/451/34 IPC, both registered at P.S. Ghazipur 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
P
ATHAK, A.K. J.
OCTOBER 24, 2017 r. bararia
JUDGMENT