Uma Devi & ANR v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 946/2015 UMA DEVI & ANR ..... Petitioners Through Mr. R.B. Singh & Ms.Tanika Jaswal, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Rajesh Mahajan, ASC.

ACP/DW B.P. Yadav, PS New Friends Colony.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 01.07.2015 Crl.M.A. No.6839/2015 Exemption allowed, subject to all just exceptions. Application is disposed of accordingly.

W.P.(C) 946/2015 Heard learned counsel for the petitioner as well as the State. The petitioners seek quashing of the FIR bearing registration no.357/2014 (PS New Friends Colony) registered under Section 3 of SC/ST (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submitted that from the averments made in the FIR, it is very evident that the allegations of using abusive and intemperate language against the informant has not been attributed to the

petitioner. He further submits that from the narration of the occurrence, it is clear that both the sides are neighbours and residing in Jhuggis. There is a dispute with respect to the possession of a Jhuggi between the parties. True it is that from the reading of the FIR, the allegation appears to be of a trifle nature. However, as has been submitted by Mr.Mahajan, Standing counsel, that for good number of months, the petitioner did not join the investigation and proceedings under Section 82 & 83 of the Cr.P.C. had to be initiated against them. In fact, they have been declared P.O. Considering this aspect of the matter, this court is not inclined to quash the FIR.

Petition is rejected.

ASHUTOSH KUMAR, J JULY 01, 2015 ab