Shambhu Kumar Singh v. State Of NCT Of Delhi And ANR.
$~69 & 70 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 183/2024 SHAMBHU KUMAR SINGH ..... Petitioner Through:
Mr. S. D. Singh, Ms.
Shweta Sinha and Ms.
Kamla Prasad, Advs.
Petitioner in person.
versus STATE OF NCT OF DELHI AND ANR. ..... Respondents Through:
Mr. Pradeep Gahalot, APP for the State with SI Arvnind Kumar, ASI Khubi Ram, PS Vivek Vihar.
Mr. Siddharth Singh, Adv.
Respondent No.
in person.
+ CRL.M.C. 185/2024 VIKAS HANDA ..... Petitioner Through:
Mr. Siddharth Singh, Adv.
Petitioner in person.
versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Pradeep Gahalot, APP for the State with SI Arvnind Kumar, ASI Khubi Ram, PS Vivek Vihar.
Respondent No.
in person.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 09.01.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:19:13
CRL.M.A. 741/2024 in CRL.M.C. 183/2024 (exemption from filing certified copies of annexures and dim annexures) CRL.M.A. 743/2024 in CRL.M.C. 185/2024 (exemption from filing certified copies of annexures and dim annexures) 1.
Exemptions allowed, subject to all just exceptions. 2.
The applications stand disposed of.
CRL.M.C. 183/2024 & CRL.M.C. 185/2024 3.
The present petitions are filed for quashing of FIR No. 177/2021 dated 09.06.2021, under Sections 323/341/506 of Indian Penal Code, 1860 ('IPC'), and also FIR No. 179/2021 dated 11.06.2021, under Sections 325/341 of IPC, both registered at Police Station G.T.B. Enclave.
4.
It is averred that due to some misunderstanding and miscommunication, a minor altercation took place between the parties, who are acquaintances. This led to filing of the cross-FIR Nos. 177/2021 and 179/2021. Currently, FIR Nos. 177/2021 and 179/2021 are both pending before the learned MM, Shahdara Court, Karkardooma.
5.
The present petitions are filed on the ground that the parties have amicably settled all their disputes and buried their differences, without any coercion or pressure, with the intervention of well wishers and respectable members of the society.
6.
The learned counsel for the parties submit that the parties undertake to live peacefully in the future, and to not indulge in any such activities.
7.
The parties are present in Court and have been duly identified by the Investigating Officer. The parties state that they do not have any objection if the proceedings are quashed as they do not want to pursue any proceedings arising out of the crossFIRs. The IO also states that he has no objection if the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:19:13
proceedings are quashed.
8.
It is pointed out that the offences under Sections 323, 325, 341 and 506 of IPC are compoundable in nature. 9.
Keeping in view the pre-existing acquaintance between the parties, the nature of dispute and that the parties have decided to live peacefully, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the considered opinion that it is a fit case to exercise discretionary jurisdiction under Section 482 of CrPC. 10.
However, keeping in mind the fact that chargesheets have already been filed in both cases arising from FIR Nos. 177/2021 and 179/2021, and the State machinery has been put to motion, ends of justice would be served if the parties are put to cost. 11.
In view of the above, cross FIR Nos. 177/2021 and 179/2021, and all consequential proceedings arising therefrom, are quashed, subject to payment of cost of Rs.10,000/- (Rupees Ten Thousand Only), to be deposited with the Delhi Police Welfare Fund.
AMIT MAHAJAN, J JANUARY 9, 2024 'KDK'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 12:19:14