Manoj & Ors v. State & Anr

Delhi High Court · 06 Sep 2017 · 2017:DHC:8064
A.K. Pathak
CRL.M.C. 3598/2017
2017:DHC:8064
criminal appeal_allowed

AI Summary

The Delhi High Court quashed FIRs arising from a trivial neighborly dispute after the parties amicably settled their differences, emphasizing the court's power under Section 482 CrPC to prevent unnecessary litigation.

Full Text
Translation output
HIGH COURT OF DELHI
CRL.M.C. 3598/2017
MANOJ & ORS Petitioners
Through: Mr. R.D. Chauhan, Adv.
VERSUS
STATE & ANR Respondents
Through: Mr. M.S. Oberoi, APP for State with SI Bijender Singh, P.S. Chandni
Mahal.
Mr. Ajay M. Lai, Adv. for R-2.
AND
CRL.M.C. 3601/2017
VIKAS & ORS Petitioners
Through: Mr. Ajay M. Lai, Adv.
VERSUS
STATE & ANR Respondents
Through: Mr. M.S. Oberoi, APP for State with SI Bijender Singh, P.S. Chandni
Mahal.
Mr. R.D. Chauhan, Adv. for R-2 to R- 4.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
06.09.2017 Petitioners (accused persons) in both the petitions have prayed for quashing offollowing cross FIRs:- i) FIR No. 88/16 under Sections 323/341/34 IPC registered at police station Chandni Mahal on the complaint of
Ashish (respondent no.2 in Crl. M.C. 3598/2017 and petitioner no.5 in Crl. M.C. 3601/2017). ii) FIR No. 87/16 under Sections 323/308/34 IPC registered
2017:DHC:8064 at police station Chandni Mahal on the complaint of
Manoj (respondent no.2 in Crl. M.C. 3601/2017 and petitioner no.l inCrl. M.C. 3598/2017).
It is submitted that petitioners and private respondents have settled their disputes amicably vide Memorandum of Understanding dated 21 April, 2017, which has been placed on record, therefore, it is prayed that
^ aforesaid FIRs may be quashed. Complainants in both the petitions are present in Court and have been identified by SI Bijender Singh ofpolice station Chandni Mahal. They submit that they have settled their disputes of their own free will and without any undue force, pressure or coercion and have no objection in case FIRis quashed.
Keeping in view that petitioners and private respondents are neighbours and a quarrel took place between them on some trivial issue which they have settled now in order to maintain peace and harmonious relations in future, in the interest of justice, aforementioned FIRs and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed ofin the above terms. Miscellaneous applications are disposed of as infructuous.
A.K. PimiAK, J.
SEPTEMBER 06, 2017 ga St 2017:DHC:8064
JUDGMENT