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vy $^6&7 HIGH COURT OF DELHI
W.P.(CRL) 2755/2015
RAJ KUMAR & ORS.
W.P.(CRL) 2755/2015
RAJ KUMAR & ORS.
VERSUS
THE STATE (NCT OF DELHI)
W.P.(CRL) 2760/2015
NARESH KUMAR AND OTHERS
NARESH KUMAR AND OTHERS
VERSUS
Petitioners Respondent Petitioners THE STATE (NCTOF DELHI) Respondent
Through. Mr Vikas Jain, Advocate for petitioners.
Mr Sanjay Lao, Addl. Standing Counsel (Crl.) for Ms Richa Kapoor, Addl.
Standing Counsel (Crl.) with SIAshok Kr and HC Prabhjit Singh (10), PS-
Fatehpur Beri.
Through. Mr Vikas Jain, Advocate for petitioners.
Mr Sanjay Lao, Addl. Standing Counsel (Crl.) for Ms Richa Kapoor, Addl.
Standing Counsel (Crl.) with SIAshok Kr and HC Prabhjit Singh (10), PS-
Fatehpur Beri.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
10.12.2015 The present are the petitions under Article 226 of the Constitution of
In^ia read with Section 482 ofthe Code ofCriminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No.766/2015 under Sections
323/325/452/34 IPC registered at Police Station- Fatehpur Beri, Delhi and the other FIR bearing no.765/2015 under Sections 325/34 IPC registered at Police
Station- Fatehpur Beri, Delhi.
The FIRNo.766/2015 has been registered on acomplaint filed by Naresh
Kuiiar whereas the FIRNo.765/2015 has been registered on acomplaint filed by Raj Kumar.
2015:DHC:11121 5> The subject cross-FIRs were registered as a consequence of an incident/altercation over the construction ofwall ofashop by Raj Kumar and others, the petitioners in WP(Crl.) 2755/2015 and resistance offered thereto from Naresh Kumar and others, the petitioners in WP(Crl.) 2760/2015. The ownership and possession ofthe subject shop is disputed.
Counsel appearing on behalf of the parties, on instructions from the complainants, namely, Naresh Kumar, the complainant in FIR No.766/2015 and
Raj Kumar, the complainant in FIR No.765/2015, state that the parties are members of the same extended family and with the aid and intervention of elders mthe family, they have amicably resolved the dispute which led to the registration ofthe cross-FIRs.
The complainants, namely, Naresh Kumar, the complainant in FIR
No.766/2015 and Raj Kumar, the complainant in FIR No.765/2015, are present mperson and have identified by the 10 in the subject FIRs. They state in unison that they are, in view of the amicable resolution arrived at between them, no
^ longerkeen to prosecute the subject FIRs.
^ In view ofthe foregoing, since the dispute that arose out ofthe ownership and possession ofashop between members ofthe same extended family and the same has been settled without any undue influence, pressure orcoercion by and between them amicably, no useful purpose will be served by proceeding with the subjectFIRs.
Resultantly, FIR Np.766/2015 under Sections 323/325/452/34 IPG registered at Police Station- Fatehpur Beri, Delhi and FIR no.765/2015 under
Sections 325/34 IPG registered at Police Station- Fatehpur Beri, Delhi are hereby set aside and quashed qua the respective petitioners subject to each one ofthem depositing asum ofRs.5,000/-(Rupees Five Thousand) with the Ghief
Minister s Public Relief Fund, Finance Department, Government of Tamil
Nadu, Secretariat, Ghennai, within aperiod of four weeks from today. The receipt thereof shall be furnished to the Investigating Officer in the subject
FIRs.
With the above directions, the present writ petitions are allowed and disposed ofaccordingly.
DECEMBER10,2015 SlDpHARTHMRIDUL,J mk
10.12.2015 The present are the petitions under Article 226 of the Constitution of
In^ia read with Section 482 ofthe Code ofCriminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No.766/2015 under Sections
323/325/452/34 IPC registered at Police Station- Fatehpur Beri, Delhi and the other FIR bearing no.765/2015 under Sections 325/34 IPC registered at Police
Station- Fatehpur Beri, Delhi.
The FIRNo.766/2015 has been registered on acomplaint filed by Naresh
Kuiiar whereas the FIRNo.765/2015 has been registered on acomplaint filed by Raj Kumar.
2015:DHC:11121 5> The subject cross-FIRs were registered as a consequence of an incident/altercation over the construction ofwall ofashop by Raj Kumar and others, the petitioners in WP(Crl.) 2755/2015 and resistance offered thereto from Naresh Kumar and others, the petitioners in WP(Crl.) 2760/2015. The ownership and possession ofthe subject shop is disputed.
Counsel appearing on behalf of the parties, on instructions from the complainants, namely, Naresh Kumar, the complainant in FIR No.766/2015 and
Raj Kumar, the complainant in FIR No.765/2015, state that the parties are members of the same extended family and with the aid and intervention of elders mthe family, they have amicably resolved the dispute which led to the registration ofthe cross-FIRs.
The complainants, namely, Naresh Kumar, the complainant in FIR
No.766/2015 and Raj Kumar, the complainant in FIR No.765/2015, are present mperson and have identified by the 10 in the subject FIRs. They state in unison that they are, in view of the amicable resolution arrived at between them, no
^ longerkeen to prosecute the subject FIRs.
^ In view ofthe foregoing, since the dispute that arose out ofthe ownership and possession ofashop between members ofthe same extended family and the same has been settled without any undue influence, pressure orcoercion by and between them amicably, no useful purpose will be served by proceeding with the subjectFIRs.
Resultantly, FIR Np.766/2015 under Sections 323/325/452/34 IPG registered at Police Station- Fatehpur Beri, Delhi and FIR no.765/2015 under
Sections 325/34 IPG registered at Police Station- Fatehpur Beri, Delhi are hereby set aside and quashed qua the respective petitioners subject to each one ofthem depositing asum ofRs.5,000/-(Rupees Five Thousand) with the Ghief
Minister s Public Relief Fund, Finance Department, Government of Tamil
Nadu, Secretariat, Ghennai, within aperiod of four weeks from today. The receipt thereof shall be furnished to the Investigating Officer in the subject
FIRs.
With the above directions, the present writ petitions are allowed and disposed ofaccordingly.
DECEMBER10,2015 SlDpHARTHMRIDUL,J mk
JUDGMENT