Kamla Joshi & ANR. v. The State N C T Of Delhi Others ANR

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 433/2025 & Crl.M.A.2115/2025 KAMLA JOSHI & ANR.

....Petitioners Through:

Mr. Ajit Singh, Advocate with petitioner in person versus THE STATE NCT OF DELHI OTHERS ANR ....Respondents Through:

Mr. Satish Kumar, APP for the State with SI Virender Kumar Mr. Harish Chand Sharma and Ms. Poonam B. Sharma, Advocates for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 11.02.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal Procedure, 1973) has been filed by the petitioners seeking quashing of FIR bearing No. 418/2022, registered at Police Station K.N. Katju Marg, for the offences punishable under Sections 323/354A/34/325/509 of the Indian Penal Code, 1860 (hereinafter "IPC") and the proceedings emanating therefrom.

2.

Learned counsel for the petitioners informed this Court that another petition being Crl.M.C.234/2025 seeking quashing of the cross-FIR bearing No. 419/2022 registered at Police Station K.N. Katju Marg, for the offences punishable under Sections 323/354A/34/506/509 of the IPC, filed on the ground of settlement between the parties, has already been dismissed by a Co-ordinate Bench of this Court. It is further submitted the charges in the said FIR are similar to that of the subject FIR.

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3.

The learned Co-ordinate bench in Crl.M.C.234/2025 held that cross-FIRs, including the subject FIR and the FIR bearing No. 419/2022 registered at Police Station K.N. Katju Marg, for the offences punishable under Sections 323/354A/34/506/509 of the IPC, were filed by neighbours over a water drainage dispute to settle scores with each other. It was further held that quashing the said FIR would not only amount to an abuse of the legal process but also set an incorrect precedent. With the aforesaid observations, the said petition was dismissed by the learned Co-ordinate Bench of this Court. 4.

In view of the abovementioned order passed by the learned Co-ordinate bench, this Court does not find any reason to allow the instant petition. Accordingly, the instant petition along with pending applications, if any, stands dismissed.

5.

However, it is made clear that the petitioners are at liberty to file the instant petition afresh on merits, if so advised.

CHANDRA DHARI SINGH, J FEBRUARY 11, 2025 Rt/st Click here to check corrigendum, if any 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 01/07/2025 at 02:53:48