High Court of DelhiW.P.(CRL)/367/2017

Kamlesh & ORS. v. State (NCT Of Delhi) & ORS.

2017-03-22Hon'Ble Mr. Justice A.K. Pathak3 pages

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) No. 366/2017 & Cr1. M.A. no. 1978/20 17 (exemption) DEVRAJ DAHIYA & ORS.

Petitioners Through Mr. Udham Singh, Adv.

versus STATE (NCT OF DELHI) & ORS.

.....Respondents Through :Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. & SI Ajay, P.S. Palam Village AND + W.P.(CRL) No. 367/2017 & Cr!. M.A. no. 198 1/2017 (exemption) KAMLESH & ORS.

Petitioners Through Mr. Udham Singh, Adv.

versus STATE (NCT OF DELHI) & ORS.

.....Respondents Through :Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. & SI Ajay, P.S. Palam Village

CORAM:

HONBLE MR. JUSTICE A.K. PATHAK npn', p % 22.03.2017 By these writ petitions, it has been prayed that the following cross FIRs may be quashed. Details of the FIRs are as under:-

FIR No. 306/2012 under Sections 324/34 IPC registered at P.S. Palam Village, on the complaint of respondent no. 3 Mr. Sourabh Gahiawat in W.P.(Crl.) No. 367/2017.

FIR No. 307/2012 under Sections 323/324/34 IPC registered at P.S. Palam Village, on the complaint of Late Shri Jai Prakash Sharma. Respondent nos. 2 to 5 in WP (Cr!.) No. 366/2017 are wife, sons and daughter-in-law of Late Shri Jai Prakash Sharma. Kamlesh, Deepak Sharma, Preeti and Keshav (respondent nos. 2 to 5 in WP (Cr1.) No. 366/2017 and Devraj Dahiya, Sourabh Gahiawat and Vishal Singh (respondent nos. 2 to 4 in WP(Crl.) No.367/2017) submit that they have settled the matter with the petitioners in both the above writ petitions,of their own free will and without any undue force, coercion and pressure. They further submit that they are not willing to pursue the aforesaid FIRs any '

further.

Keeping in mind the fact that settlement has been arrived at between the parties and they are not willing to pursue the FIRs any further, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice both the FIRs, that is, FIR No. 306/2012 under Sections 324/34 IPC and FIR No. 307/2012 under

Sections 323/324/34 IPC, both registered at P.S. Palam Village and the consequent proceedings emanating therefrom are quashed. Both the writ petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti. A.K.

AK, J.

MARCH 229 2017 rb