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$-8 & 42 HIGH COURT OF DELHI
W.P.(CRL) 2677/2015 and Crl. MA No. 17016/2015 (Exemption!
HEMANT & ORS ..... Petitioners
Through Mr. Rakesh Chahar, Advocate
W.P.(CRL) 2677/2015 and Crl. MA No. 17016/2015 (Exemption!
HEMANT & ORS ..... Petitioners
Through Mr. Rakesh Chahar, Advocate
VERSUS
STATE ( GOVT OF NOT OF DELHI) «& ORS Respondents
Through Mr. Avninder Singh, ASC(Crl.) with Mr. Shiven Verma, Advocate
SI Amit Kumar, P.S. Bindapur Mr. Aniruddh Yadav, Ms. Rajni Gupta and Mr. Deepak Meher, Advs. for respondent nos. 2 to 8
Through Mr. Avninder Singh, ASC(Crl.) with Mr. Shiven Verma, Advocate
SI Amit Kumar, P.S. Bindapur Mr. Aniruddh Yadav, Ms. Rajni Gupta and Mr. Deepak Meher, Advs. for respondent nos. 2 to 8
W.PTCRLI 2674/2015. Crl. MA Nos. 17009/2015 and 17768/2015
ASGHARI DEVI & ORS Petitioners
Through Mr. Aniruddh Yadav, Ms. Rajni Gupta and Mr. Deepak Meher, Advs.
ASGHARI DEVI & ORS Petitioners
Through Mr. Aniruddh Yadav, Ms. Rajni Gupta and Mr. Deepak Meher, Advs.
VERSUS
THE STATE (NCT OFDELHI) & ORS Respondents
Through Ms. KamnaVohra, ASC (Crl.)
SI Amit Kumar, P.S. Bindapur
Through Ms. KamnaVohra, ASC (Crl.)
SI Amit Kumar, P.S. Bindapur
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
08.12.2015 The present are the petitions under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No. 348/2015 under
2015:DHC:11120 > Sections 308/323/506/34 IPG registered at Police Station- Bindapur, Delhi and the other FIR bearing no. 359/2015 under Sections 354/308/341/506/34
IPG registered at Police Station- Bindapur, Delhi and the proceedings arising therefrom.
The parties along with their counsel have been heard and both the petitions are being disposed ofby this common order.
The subject FIRs were registered as a consequence of squabbling between two groups of people both claiming ownership to aparcel of land situated inVillage Bindapur, Delhi.
Itis an admitted position that as a consequence ofaltercation between two groups and the blows that were exchanged by and between them, simple injuries were caused to the complainants in both the subject FIRs.
Gounsel for the parties state that with the intervention ofrelatives and residents of Bindapur Village, the parties have amicably resolved their dispute that led to the registration of the subject FIRs. It is, therefore, prayed that the subject FIRs may be set aside and quashed.
It is further admitted by the parties that the subject land has been acquired and is in the possession ofDelhi Development Authority although proceedings relating to compensation for the said acquisition are pending before the Gollector concerned.
In view ofthe foregoing, the complainants in the subject FIRs namely
Asghari Devi and Lakshmi Devi who are present in Gourt and have been identified by their respective counsel as well as the Investigating Officer in the subject FIRs namely SI Amit Kumar, Police Station Bindapur, Delhi state in unison that in view ofthe amicable resolution ofall their outstanding disputes, they are no longer keen to proceed with the subject FIRs and the proceedings arising therefrom.
In view of the foregoing, no useful purpose will be served by proceeding with the subject FIRs.
Resultantly, FIR No. 348/2015 under Sections 308/323/506/34 IPG registered at Police Station- Bindapur, Delhi and the other FIR bearing NO. 359/2015 under Sections 354/308/341/506/34 IPG registered at Police
Station- Bindapur, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to each one of them depositing a sumof Rs.5,000/- withthe Victims' Gompensation Fund 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 Amit
Kumar, Police Station- Bindapur, Delhi.
With the above said directions, the present writ petitions are allowed and disposed ofaccordingly.
All pending applications also stand disposed of./
SIDD EARTH MRIDUL, J DECEMBER 08,2015 sd
08.12.2015 The present are the petitions under Article 226 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No. 348/2015 under
2015:DHC:11120 > Sections 308/323/506/34 IPG registered at Police Station- Bindapur, Delhi and the other FIR bearing no. 359/2015 under Sections 354/308/341/506/34
IPG registered at Police Station- Bindapur, Delhi and the proceedings arising therefrom.
The parties along with their counsel have been heard and both the petitions are being disposed ofby this common order.
The subject FIRs were registered as a consequence of squabbling between two groups of people both claiming ownership to aparcel of land situated inVillage Bindapur, Delhi.
Itis an admitted position that as a consequence ofaltercation between two groups and the blows that were exchanged by and between them, simple injuries were caused to the complainants in both the subject FIRs.
Gounsel for the parties state that with the intervention ofrelatives and residents of Bindapur Village, the parties have amicably resolved their dispute that led to the registration of the subject FIRs. It is, therefore, prayed that the subject FIRs may be set aside and quashed.
It is further admitted by the parties that the subject land has been acquired and is in the possession ofDelhi Development Authority although proceedings relating to compensation for the said acquisition are pending before the Gollector concerned.
In view ofthe foregoing, the complainants in the subject FIRs namely
Asghari Devi and Lakshmi Devi who are present in Gourt and have been identified by their respective counsel as well as the Investigating Officer in the subject FIRs namely SI Amit Kumar, Police Station Bindapur, Delhi state in unison that in view ofthe amicable resolution ofall their outstanding disputes, they are no longer keen to proceed with the subject FIRs and the proceedings arising therefrom.
In view of the foregoing, no useful purpose will be served by proceeding with the subject FIRs.
Resultantly, FIR No. 348/2015 under Sections 308/323/506/34 IPG registered at Police Station- Bindapur, Delhi and the other FIR bearing NO. 359/2015 under Sections 354/308/341/506/34 IPG registered at Police
Station- Bindapur, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua all the petitioners subject to each one of them depositing a sumof Rs.5,000/- withthe Victims' Gompensation Fund 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 Amit
Kumar, Police Station- Bindapur, Delhi.
With the above said directions, the present writ petitions are allowed and disposed ofaccordingly.
All pending applications also stand disposed of./
SIDD EARTH MRIDUL, J DECEMBER 08,2015 sd
JUDGMENT