Sandeep & ORS v. State & ORS

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2556/2016 & Crl.M.A. Nos.13509/2016 & 13510/2016 SANDEEP & ORS ..... Petitioners Through :

Mr. Jitender Solanki and Mr. Sumer Singh Gahlot, Advs.

versus STATE & ORS ..... Respondents Through :

Mr. Ashish Aggarwal, ASC with HC Kirti Kumar PS Dabri and ASI Davender PS Dabri.

Mr. Vikas Yadav and Mr. Raman Bharti, Advs. for R-2 & 3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.09.2016 Petitioners and respondent nos.2 & 3 belong to the same family and also living in the same locality.

On the complaint of respondent no.2, present FIR No.1077/2015 under Sections 308/452/506/147/148/149/34 IPC was registered at police station Dabri.

It is submitted that a quarrel took place between the petitioners and respondent nos.2 & 3 wherein respondent nos.2 & 3 sustained simple injuries resulting in registration of the present FIR.

It is further pointed out that on the complaint of Mrs. Suman, wife of petitioner no.1, the cross FIR was registered against respondent nos.2 & 3 and their other family members at the same police station under Sections

452/354A/354B/376/509 IPC.

It is further pointed out that after investigation, section 376 IPC was dropped.

It is further pointed out that the parties have settled their disputes and in view of settlement, cross FIR No.1106/2015 has also been quashed today by the learned single judge of this Court in W.P.(Crl). No.2562/2016. Respondent nos.2 & 3 are present in Court and have been identified by HC Kirti Kumar PS Dabri. Respondent nos.2 & 3 submit that they are not willing to pursue the present FIR any further and same may be quashed.

Keeping in mind the fact that a quarrel took place between two groups of the same family members resulting registration of this FIR and cross FIR, and they have settled their disputes pursuant whereof cross FIR has already been quashed, no fruitful purpose would be served to keep this FIR pending. Accordingly, in the interest of justice, the FIR No.1077/2015 under Sections 308/452/506/147/148/149/34 IPC registered at police station Dabri and consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J.

SEPTEMBER 23, 2016/dk