Mahesh Kumar & Ors v. State (NCT of Delhi) & Ors

Delhi High Court · 04 Oct 2016 · 2016:DHC:9140
A.K. Pathak
CRL.M.C. 3733/2016
2016:DHC:9140
criminal appeal_allowed

AI Summary

The Delhi High Court quashed FIRs arising from a trivial quarrel causing simple injuries between neighbors who amicably settled their dispute, holding that continuing criminal proceedings would not serve the interest of justice.

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N t :• -
3- $-30 & 34 HIGH COURT OF DELHI
CRL.M.C. 3733/2016
MAHESH KUMAR & ORS Petitioners
Through: Mr. Q.N. Rattanpal, Adv. with petitioners in person.
VERSUS
STATE(NCT OF DELHI)& ORS Respondents
Through: Dr. M.P. Singh, ASC for State with ASI Jor Singh, P.S. South Rohini. i R-2 to R-6 are present in Court.
AND
W.R(CRL) 2619/2016
ANNU BHATI & ORS. Petitioners
Through: Mr. N.K. Rawal and Mr. Ravi Tikani, Advs. with petitioners in person.
VERSUS
STATE (NCT OF DELHI) & ORS. Respondents
Through: Mr. Ashish Aggarwal, ASC with Mr. Piyush Aggarwal, Adv. along with
ASI Jor Singh, P.S. South Rohini.
•f -f R-2 to R-4 are present in Court.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
04.10.2016 By these petitions, petitioners andprivate respondents have prayed for quashing of following FIRs :- a) FIR 222/2016 under Sections 323/342/352/427/506/34 IPC of
Police Station South Rohini.
2016:DHC:9140 r "S L b) FIR 230/2016 under Sections 323/354-A/509/427/34 IPC of
Police Station South Rohini.
Complainants/injured persons in CRL.M.C. 3733/2016 are accused in
W.P. (Crl.) 2619/2016 and vice-a-versa. A perusal of aforesaid FIRs shows that a quarrel took place between them on some trivial matter wherein both the parties assaulted each other resulting in simple injuries to the persons of both the groups.
Being neighbours both the parties have settled their disputes amicably vide Compromise Deed dated 31^^ May, 2016. Complainants/injured persons are present in Court and have been identified by ASI Jor Singh of police station South Rohini. They submit that they have settled the matter amicably and do notwish to pursue the FIRs any further, inasmuch as, want to maintain harmonious relations with each other.
Keeping in mind that complainants/injured persons and accused persons are neighbours and a quarrel took place between them on some trivial matter wherein simple injuries were sustained by them and now they want to maintain harmonious relations with each other, in my view, no fruitfial purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, FIR 222/2016 under
Sections 323/342/352/427/506/34 IPC and FIR 230/2016 under Sections a-.
> i 323/354-A/509/427/34 IPC both registered at police station South Rohini and the consequent proceedings emanating therefrom are quashed.
Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed ofas infructuous.
OCTOBER 04, 2016 ga ATHAK, J.
JUDGMENT