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High Court of DelhiW.P.(CRL)/1231/2016

Dara Singh v. The Sate Of NCT Of Delhi & ANR

2016-12-14Hon'Ble Mr. Justice A.K. Pathak3 pages

4) $~5&6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1219/2016 ASHISH KUMAR SINGH Petitioner Through : Mr. Vijay Kinger, Adv. for Mr. K. K. Tyagi, Adv. with petitioner in person.

versus STATE OF NOT OF DELHI & ANR Respondents Through: Mr. Rajesh Mahan, ASC with SI Ashok Kumar PS Patel Nagar.

Respondent no.2 in person.

AND + W.P.(CRL) 1231/2016 DARA SINGH Petitioner Through : Mr. Vijay Kinger, Adv. for Mr. K. K. Tyagi, Adv. with petitioner in person.

versus THE SATE OF NOT OF DELHI & ANR Respondents i Through: Ms. Richa Kapoor, ASC and Ms. | Mallika Parmar, Adv. with SI Ashok Kumar PS Patel Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

ORDER

o/o 14.12.2016 Matter has been taken up today as 12^*" December, 2016 was declared holiday on account of Milad-Un-Nabi (birthday of Prophet Mohammad). i By way of the above noted writ petitions, petitioners have prayed for the quashing of following cross FIRs.

By:AMULYA

(a) FIR No.941/2014 under Sections 324/452/34 IPG registered at police station Patel Nagar on the complaint of Ms. Jyoti. (b)FIR No.937/2014 under Section 308 IPG registered at police station Patel Nagar on the complaint of Mr. Ashish Kumar Singh. FIR No.941/2014 was registered on the complaint of Ms. Jyoti, who is wife of Dara Singh (petitioner/accused in W.P. (Grl.) 1231/2016). Gomplainant Ashish Kumar Singh in FIR No.937/2014 is petitioner/accused in W.P. (Grl.) 1219/2016. A perusal of FIR shows that a quarrel took place between Ashish Kumar Singh and Dara Singh on some money transaction, which led to the registration of the aforesaid cross FIRs. Learned Additional Standing Gounsel, appearing in W.P. (Grl.) 1219/2016, submits that Varun Kumar (brother in-law of Ashish Kumar Singh) is also co-accused in FIR No.941/2014. Learned counsel for the th '

petitioners submits that Varun Kumar has died in an accident on 8 June,' 2016, therefore, he has not been impleaded as a party in W.P. (Grl.)i 1219/2016.

Ashish Kumar Singh, Jyoti and Dara Singh are present in Gourt and; have been identified by the Investigating Officer SI Ashok Kumar PS Pate(i Nagar. They submit that they have settled the matter of their own free wilj

r and without any undue force, coercion and influence. They further submit i that they do not wish to pursue their respective FIRs any further. '

Keeping in mind that parties are known to each other, the quarrel took place between them on some money transaction and now that they have | settled their disputes, no fhiitful purpose would be served to keep the , ^ criminal proceedings pending. Accordingly, both the above noted FIRs and , the consequent proceedings emanating therefrom, if any, are quashed. j Petitions are disposed of in the above terms. A.K.^tHAK, J.

DECEMBER 14, 2016/dk