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HIGH COURT OF DELHI
W.P.(CRL)1219/2016
ASHISHKUMARSINGH Petitioner
Through: Mr.Vijay Kinger,Adv.for Mr.K.K.
Tyagi,Adv.with petitioner in person.
HIGH COURT OF DELHI
W.P.(CRL)1219/2016
ASHISHKUMARSINGH Petitioner
Through: Mr.Vijay Kinger,Adv.for Mr.K.K.
Tyagi,Adv.with petitioner in person.
VERSUS
STATE OF NOT OF DELHI&ANR Respondents
Through: Mr. Rajesh Mahan, ASC with SI Ashok KumarPS Patel Nagar.
Respondentno.2in person.
Through: Mr. Rajesh Mahan, ASC with SI Ashok KumarPS Patel Nagar.
Respondentno.2in person.
AND
W.P.(CRL)1231/2016
DARA SINGH Petitioner
Through: Mr.Vijay Kinger,Adv.for Mr.K.K.
Tyagi,Adv.with petitioner in person.
DARA SINGH Petitioner
Through: Mr.Vijay Kinger,Adv.for Mr.K.K.
Tyagi,Adv.with petitioner in person.
VERSUS
THE SATE OF NOT OF DELHI& ANR Respondents i
Through: Ms. Richa Kapoor, ASC and Ms.| Mallika Parmar, Adv. with SI Ashok
KumarPS Patel Nagar.
Respondent no.2in person.
Through: Ms. Richa Kapoor, ASC and Ms.| Mallika Parmar, Adv. with SI Ashok
KumarPS Patel Nagar.
Respondent no.2in person.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
ORDER o/o 14.12.2016 Matter has been taken up today as 12^*" December,2016 was declared holiday on accountofMilad-Un-Nabi(birthday ofProphetMohammad). i
By way ofthe above noted writ petitions,petitioners have prayed for
I the quashing offollowing cross FIRs.
I
2016:DHC:9152 (a)FIR No.941/2014 under Sections 324/452/34 IPG registered at police stationPatel Nagaronthe complaintofMs.Jyoti.
(b)FIR No.937/2014 under Section 308 IPG registered at police station Patel Nagaron the complaintofMr.Ashish Kumar Singh.
FIR No.941/2014 was registered on the complaint ofMs.Jyoti, who is wife of Dara Singh (petitioner/accused in W.P. (Grl.) 1231/2016).
Gomplainant Ashish Kumar Singh in FIR No.937/2014is petitioner/accused in W.P.(Grl.)1219/2016. A perusal ofFIR showsthat a quarrel took place between Ashish Kumar Singh and Dara Singh on some money transaction, which led to the registration ofthe aforesaid cross FIRs.
Learned Additional Standing Gounsel, appearing in W.P. (Grl.)
1219/2016, submits that Varun Kumar (brother in-law of Ashish Kumar
Singh) is also co-accused in FIR No.941/2014. Learned counsel for the th ' petitioners submits that Varun Kumar has died in an accident on 8 June,'
2016, therefore, he has not been impleaded as a party in W.P. (Grl.)i
1219/2016.
I
I
Ashish Kumar Singh,Jyoti and Dara Singh are present in Gourt and;
I have been identified by the Investigating Officer SI Ashok KumarPS Pate(i
Nagar. Theysubmitthatthey have settledthe matteroftheir own free wilj r and without any undue force, coercion and influence. They further submit i thattheydonotwishtopursuetheirrespectiveFIRsanyfurther. '
Keepingin mindthatparties are knownto each other,the quarreltook place between them on some money transaction and now that they have | settled their disputes, no fhiitful purpose would be served to keep the , ^ criminal proceedings pending. Accordingly,both the above noted FIRs and , I theconsequentproceedingsemanatingtherefrom,ifany, are quashed. j
Petitions are disposed ofin the aboveterms.
A.K.^tHAK,J.
DECEMBER 14,2016/dk
ORDER o/o 14.12.2016 Matter has been taken up today as 12^*" December,2016 was declared holiday on accountofMilad-Un-Nabi(birthday ofProphetMohammad). i
By way ofthe above noted writ petitions,petitioners have prayed for
I the quashing offollowing cross FIRs.
I
2016:DHC:9152 (a)FIR No.941/2014 under Sections 324/452/34 IPG registered at police stationPatel Nagaronthe complaintofMs.Jyoti.
(b)FIR No.937/2014 under Section 308 IPG registered at police station Patel Nagaron the complaintofMr.Ashish Kumar Singh.
FIR No.941/2014 was registered on the complaint ofMs.Jyoti, who is wife of Dara Singh (petitioner/accused in W.P. (Grl.) 1231/2016).
Gomplainant Ashish Kumar Singh in FIR No.937/2014is petitioner/accused in W.P.(Grl.)1219/2016. A perusal ofFIR showsthat a quarrel took place between Ashish Kumar Singh and Dara Singh on some money transaction, which led to the registration ofthe aforesaid cross FIRs.
Learned Additional Standing Gounsel, appearing in W.P. (Grl.)
1219/2016, submits that Varun Kumar (brother in-law of Ashish Kumar
Singh) is also co-accused in FIR No.941/2014. Learned counsel for the th ' petitioners submits that Varun Kumar has died in an accident on 8 June,'
2016, therefore, he has not been impleaded as a party in W.P. (Grl.)i
1219/2016.
I
I
Ashish Kumar Singh,Jyoti and Dara Singh are present in Gourt and;
I have been identified by the Investigating Officer SI Ashok KumarPS Pate(i
Nagar. Theysubmitthatthey have settledthe matteroftheir own free wilj r and without any undue force, coercion and influence. They further submit i thattheydonotwishtopursuetheirrespectiveFIRsanyfurther. '
Keepingin mindthatparties are knownto each other,the quarreltook place between them on some money transaction and now that they have | settled their disputes, no fhiitful purpose would be served to keep the , ^ criminal proceedings pending. Accordingly,both the above noted FIRs and , I theconsequentproceedingsemanatingtherefrom,ifany, are quashed. j
Petitions are disposed ofin the aboveterms.
A.K.^tHAK,J.
DECEMBER 14,2016/dk
JUDGMENT