Rishab Mittal v. State (Govt of NCT of Delhi) & Ors

Delhi High Court · 05 Oct 2016 · 2016:DHC:9141
A. K. Pathak
W.P.(CRL) 2945/2016 & Crl.M.A.15717/2016
2016:DHC:9141
criminal appeal_allowed

AI Summary

The Delhi High Court quashed cross FIRs arising from a neighbourly quarrel after the parties amicably settled their dispute, holding that continuing criminal proceedings would serve no useful purpose.

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$-37 & 13 HIGH COURT OF DELHI
W.P.(CRL) 2945/2016 & Crl.M.A.15717/2016
RISHAB MITTAL Petitioner
Through : Mr. Kumar Mukesh, Adv.
VERSUS
STATE (GOVT OF NCT OF DELHI) &ORS Respondents
Through : Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. for R-1 with SI VineetPratap SinghPS Anand
Vihar.
Complainant in person.
AND
W.P.(CRL) 2693/2016 & Crl.M.A.14370/2016
GAGAN KUKREJA @MINTU &ANR Petitioners
Through : Mr. Pradeep Teotia and Ms. Anupriya Yadav, Advs.
VERSUS
STATE (GOVT OF NCT OF DELHI) &ANR .... Respondents
Through: Mr. Sanjay Lao, ASC and Mr. Siddarth Sindhu, Adv. with SI Vineet
Pratap SinghPS Anand Vihar.
Mr. Kumar Mukesh, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
05.10.2016 By these writ petitions, petitioners have prayed for quashing of following cross FIRs.
(a)FIR No.170/2016 under Sections 279/308/341/506/34 IPC registered at police station Anand Vihar on the complaint of Mr. 2016:DHC:9141
Rishabh Mittal.
(b)FIR No.171/2016 under Sections 279/354(A)/323/341/506/509/34
IPC registered at police station Anand Vihar on the complaint of
Ms. Pooja Kukreja.
Ms. Pooja Kukreja is wife of Mr. Gagan Kukreja, who is petitioner no.l in W.P. (Crl.) No.2693/2016. Mr. Sanjeev Kukreja @ Kukku, Petitioner no.2 in the said writ petition, is brother of Mr. Gagan Kukreja. Mr. Rishab Mittal, (Respondent no.2/complainant in the said writ petition) is petitioner/ accused in W.P. (Crl.) No.2945/2016.
Petitioners and private respondents are neighbours. A quarrel took place between them on some trivial matter, resulting in registration of the aforesaid FIRs. Being neighbours, complainants and accused persons have settled their disputes vide Memorandum ofUnderstanding/Compromise Deed dated 22"^^ April, 2016. Complainants are present in Court and have been identified by SI Vineet of PS Anand Vihar. They submit that they are not willing to pursue their respective FIRs any further, in view of the settlement arrived at between them.
Keeping in mind that FIRs are the outcome of a quarrel between the neighbours and they have settled their disputes amicably, inasmuch as, want
L to maintain harmonious relations in future, I am of the view that no fruitful purpose would be served to keep the criminal proceedings pending.
Accordingly, both the FIRs, that is, FIR No.170/2016 under Sections
279/308/341/506/34 IPC registered at police station Anand Vihar on the complaint of Mr. Rishabh Mittal and FIR No.171/2016 under Sections
279/354(A)/323/341/506/509/34 IPC registered atpolice station Anand Vihar onthe complaint ofMs. Pooja Kukreja, which are at the investigation stage, are quashed.
Both the writ petitions are disposed of in the above terms.
Miscellaneous applications are disposed ofas infructuous.
A.IUPATHAK, J.
OCTOBER 05, 2016
JUDGMENT