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$-7,11,12& 17 HIGH COURT OF DELHI
W.P.(CRL)2918/2015 ..
ARUN KUMAR MALHOTRA&ANR. d t
Through Mr.MahenderSmgh and Mr.Sermon Rawat, Advocatesalong with petitionersin person
W.P.(CRL)2918/2015 ..
ARUN KUMAR MALHOTRA&ANR. d t
Through Mr.MahenderSmgh and Mr.Sermon Rawat, Advocatesalong with petitionersin person
VERSUS
STATE(GOVT OFNOTOF DELHI)
Through
Through
W.P.(CRL)448/2016
VISHAL BIRLA
Through Respondent Ms.Kamna Vohra,APPfor State along with SI
Kishanveer Bhati,PS Preet Vihar Mr.Anil Kumar Sharma and Mr.Apoorv
KumarSharma,Advocatesfor R-2along with R-2 in person
Petitioner Kumar Sharma,Advocatesalong with petitioners in person
VISHAL BIRLA
Through Respondent Ms.Kamna Vohra,APPfor State along with SI
Kishanveer Bhati,PS Preet Vihar Mr.Anil Kumar Sharma and Mr.Apoorv
KumarSharma,Advocatesfor R-2along with R-2 in person
Petitioner Kumar Sharma,Advocatesalong with petitioners in person
VERSUS
THE STATE(NOT OF DELHI)& ANR
Through
Through
W.P.(CRL)455/2016
RAHUL SETH
Through Mr.Jamal Akhtar and Mr.Shekhar Budakoti, Advocatesfor Mr.Rahul Mehra,Standing
Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station Preet Vihar.
Complainant/R-2 in person Kumar Sharma,Advocates along with petitioner in person
RAHUL SETH
Through Mr.Jamal Akhtar and Mr.Shekhar Budakoti, Advocatesfor Mr.Rahul Mehra,Standing
Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station Preet Vihar.
Complainant/R-2 in person Kumar Sharma,Advocates along with petitioner in person
VERSUS
THE STATE(NCT OF DELHI)& ANR
Through
Through
W.P.(CRL)465/2016
RAHUL SETH
Through Mr.Jamal Akhtar and Mr.Shekhar Budakoti, Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station
Preet Vihar R-2/complainant in person 2016:DHC:9101
Kumar Sharma,Advocates along with the petitioner in person
RAHUL SETH
Through Mr.Jamal Akhtar and Mr.Shekhar Budakoti, Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station
Preet Vihar R-2/complainant in person 2016:DHC:9101
Kumar Sharma,Advocates along with the petitioner in person
VERSUS
THESTATE(NCTOF DELHI)& ANR. Respondent
Through Mr.Jamal Akhtarand Mr.Shekhar Budakoti, Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station
Preet Vihar R-2/Complainant in person
Through Mr.Jamal Akhtarand Mr.Shekhar Budakoti, Counsel(Crl.)for State GNCTD along with SI Kishanveer Bhati,Police Station
Preet Vihar R-2/Complainant in person
CORAM:
HON'BLE MS.JUSTICE SUNITA GUPTA
04.04.2016 These are the petitions under Article 226 ofthe Constitution ofIndia, 1956 r/w
Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.251/2015 registered at Police Station Preet Vihar, Delhi under Sections 323/509/354/427/34 IPC;
FIR No.346/2015 registered at Police Station Preet Vihar,Delhi under Section 385 IPC;
FIR No.252/2015 registered at Police Station Preet Vihar, Delhi under Section
323/427/452/34 IPC; and FIR No.330/2015 registered at Police Station Preet Vihar, Delhi under Section 509/506/34 IPC and consequent proceedings emanating therefrom on the ground thatthe parties have compromised the matter.
It is submitted by counsel for the petitioners thatthe parties are neighbours. Four cases were registered against each other as such the matter was referred to Delhi High
Court Mediation & Conciliation Centre for exploring the possibility ofa settlement. The matter has been amicably settled between the parties on 14.08.2015, therefore, the present petitions have been filed for quashing the aforesaid FIRs as the complainants in the case are not interested in pursuing the matter and have no objection to quashing ofthe above FIRs.
The complainants are present in person (duly identified by the Investigating
Officer and their counsel)and admitthat the matter has been amicably settled before the mediation centre. Moreover, in order to maintain cordial relations between the parties they are not interested in pursuing the matters further and have no objection to quashing ofthe FIRs
Learned ASCs for the State submit that in view of the settlement arrived at between the parties,they have no objection to quashing ofFIRs,however,sincethe State machinery was set in motion on a trivial issue,the petitioners be burdened with some costs.
Keeping in view thefactsthatthe parties have compromised the matter with each other amicably, no useful purpose would be served by continuing the criminal proceedings againstthe petitioners,which will only be an exercise in futility and wastage ofprecioustime ofthe Court.
Accordingly, the petition are allowed and the FIR No.251/2015 registered at
Police Station Preet Vihar, Delhi under Sections 323/509/354/427/34 IPG; FIR
No.346/2015 registered at Police Station Preet Vihar,Delhi under Section 385 IPG;FIR
No.252/2015 registered at Police Station Preet Vihar, Delhi under Section
323/427/452/34 IPG; and FIR No.330/2015 registered at Police Station Preet Vihar, Delhi under Section 509/506/34 IPG and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs in each case which be deposited by the petitioners with Prime Minister ReliefFund within two weeks. Copy of the receipts be placed on record.
The petitions stand disposed ofaccordingly.
A copy ofthis order be given dastito counsel forthe petitioners.
JNITA 0U~~ SUNITA GUPTA,J APRIL 04,2016 rs
04.04.2016 These are the petitions under Article 226 ofthe Constitution ofIndia, 1956 r/w
Section 482 Cr.P.C. moved by the petitioners for quashing of FIR No.251/2015 registered at Police Station Preet Vihar, Delhi under Sections 323/509/354/427/34 IPC;
FIR No.346/2015 registered at Police Station Preet Vihar,Delhi under Section 385 IPC;
FIR No.252/2015 registered at Police Station Preet Vihar, Delhi under Section
323/427/452/34 IPC; and FIR No.330/2015 registered at Police Station Preet Vihar, Delhi under Section 509/506/34 IPC and consequent proceedings emanating therefrom on the ground thatthe parties have compromised the matter.
It is submitted by counsel for the petitioners thatthe parties are neighbours. Four cases were registered against each other as such the matter was referred to Delhi High
Court Mediation & Conciliation Centre for exploring the possibility ofa settlement. The matter has been amicably settled between the parties on 14.08.2015, therefore, the present petitions have been filed for quashing the aforesaid FIRs as the complainants in the case are not interested in pursuing the matter and have no objection to quashing ofthe above FIRs.
The complainants are present in person (duly identified by the Investigating
Officer and their counsel)and admitthat the matter has been amicably settled before the mediation centre. Moreover, in order to maintain cordial relations between the parties they are not interested in pursuing the matters further and have no objection to quashing ofthe FIRs
Learned ASCs for the State submit that in view of the settlement arrived at between the parties,they have no objection to quashing ofFIRs,however,sincethe State machinery was set in motion on a trivial issue,the petitioners be burdened with some costs.
Keeping in view thefactsthatthe parties have compromised the matter with each other amicably, no useful purpose would be served by continuing the criminal proceedings againstthe petitioners,which will only be an exercise in futility and wastage ofprecioustime ofthe Court.
Accordingly, the petition are allowed and the FIR No.251/2015 registered at
Police Station Preet Vihar, Delhi under Sections 323/509/354/427/34 IPG; FIR
No.346/2015 registered at Police Station Preet Vihar,Delhi under Section 385 IPG;FIR
No.252/2015 registered at Police Station Preet Vihar, Delhi under Section
323/427/452/34 IPG; and FIR No.330/2015 registered at Police Station Preet Vihar, Delhi under Section 509/506/34 IPG and consequent proceedings emanating therefrom are hereby quashed subject to payment of Rs.25,000/- as costs in each case which be deposited by the petitioners with Prime Minister ReliefFund within two weeks. Copy of the receipts be placed on record.
The petitions stand disposed ofaccordingly.
A copy ofthis order be given dastito counsel forthe petitioners.
JNITA 0U~~ SUNITA GUPTA,J APRIL 04,2016 rs
JUDGMENT