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#28 & 45 HIGH COURT OF DELHI
Date of Decision: 16.12.2015
OM PRAKASH & ORS ..... Petitioners
Through: Mr. Jagdeep Tomar, Advocate
Through: Mr. Ashish Aggarwal, ASC (Criminal) with Mr. Piyush Singhal, Advocate and SI Ashish Tyagi, PS-
Nihal Vihar for R-1 Mr. Jaideep Malik, Advocate for R-2
RAVINDER & ORS ..... Petitioners
Through: Mr. Jaideep Malik, Advocate
Through: Ms. Nandita Rao, ASC (Criminal) with SI Ashish Tyagi, PS- Nihal Vihar for R-1
Mr. Jagdeep Tomar, Advocate for R-2 2015:DHC:10284-DB
SIDDHARTH MRIDUL, J (ORAL)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
For the reasons stated in the applications, the delay in refilling the writ petitions is condoned.
The applications are disposed of accordingly.
JUDGMENT
1. The present are petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) seeking quashing of cross FIRs, one FIR bearing No. 158/2014, under Sections 308/342/34 IPC, registered at Police Station- Nihal Vihar, Delhi and the other FIR bearing No.160/2015, under Sections 323/452/354/427/34 IPC, also registered at Police Station- Nihal Vihar, Delhi and the proceedings arising therefrom.
2. The parties along with their counsel have been heard and both the petitions are being disposed of by this common order.
3. The subject FIRs were registered as a consequence of a matrimonial dispute between the family of the complainants in the respective FIRs. Jonny, who is the complainant in FIR No.158/2015 is the brother of Renu, who is the former daughter-in-law of Sushila Devi, the complainant in the other FIR No.160/2014. Renu and her husband have since obtained a decree of divorce by mutual consent by way of order dated 26.11.2014 passed by the concerned Family Court, Tis Hazari Courts, Delhi. The subject FIRs came to be registered on an altercation between the two sides when Jonny interceded on behalf of Renu with the family of Sushila Devi at the latter’s residence.
4. The complainants in the subject cross FIRs namely, Jonny and Sushila Devi, who are present in person in Court, state that with the intervention of elders, relatives, friends and with the assistance of the Mediation Centre, Tis Hazari Courts, Delhi, the entire substratum of the dispute that led to the registration of the subject FIRs has been amicably settled. It is, therefore, prayed that the subject FIRs may be set aside and quashed. The salient terms and conditions of the settlement dated 27.03.2014 is as follows:-
5. The agreement entered into between the parties is lawful and has been acted upon. Inter alia, it has been agreed by and between the parties that as a consequence of the above said settlement agreement, the cross-FIRs registered by them against each other shall be set aside and quashed and for this they will approach this Court for setting aside and quashing the subject FIRs. The present petitions are a consequence thereof.
6. Since the marital dispute, as a consequence of which the subject FIRs came to be registered, have been amicably settled between the parties, without any undue influence, pressure or coercion, no useful purpose shall be served by proceeding with the subject FIRs and the proceedings arising therefrom.
7. In view of the foregoing, the complainants in the subject FIRs namely Jonny and Sushila Devi, who are present in Court and have been identified by their respective counsel as well as the Investigating Officer SI Ashish Tyagi, Police Station- Nihal Vihar state in unison that in view of the amicable resolution of all their outstanding disputes, they are no longer keen to proceed with the subject FIRs and the proceedings arising therefrom.
8. In view of the foregoing, no useful purpose will be served by proceeding with the subject FIRs.
9. Resultantly, FIR bearing No. 158/2014, under Sections 308/342/34 IPC, registered at Police Station- Nihal Vihar, Delhi and the other FIR bearing No.160/2015, under Sections 323/452/354/427/34 IPC, also registered at Police Station- Nihal Vihar, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to each one of them depositing a sum of Rs.2,000/- with the Delhi High Court Legal Service Committee within a period of two weeks from today. A copy of the receipt thereof shall be furnished to the Investigating Officer in the subject FIR namely SI Ashish Tyagi, Police Station- Nihal Vihar, Delhi.
10. With the above said directions, the present writ petitions are allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J DECEMBER 16, 2015 dn