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High Court of DelhiW.P.(CRL)/1082/2015

Ganesh Kumar & ANR v. State Of NCT Of Delhi & ORS

2015-08-17Hon'Ble Mr. Justice Ashutosh Kumar2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1082/2015 GANESH KUMAR & ANR ..... Petitioners Through:

Mr. S.K. Singh, Adv.

versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel (Crl.) for the State with Mr. Amrit Singh with ASI Lakhi Singh, PS Kalyanpuri Mr.H. Rehman, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 17.08.2015 Crl.M.A.7755/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 1082/2015 The petitioners seek quashing of the FIR No.185/2014 (PS Kalyan Puri) instituted under Sections 308 & 34 IPC.

It has been submitted on behalf of the petitioners as well as respondent No.2 that the disputes between the parties have been resolved. It is stated on behalf of the petitioners that emanating from the same dispute, two other FIRs were instituted namely FIR No.186/2014 and FIR No.649/2014 in the same police station.

FIR No.186/2014 has been lodged by one of the petitioners of this case.

Similarly, FIR No.649/2014 was also lodged by one of the parties to the dispute.

In the present case (FIR No.185/2014), it has been alleged by respondent No.2 that when the petitioners were asked to go away from/near the flat of respondent No.1, they pelted stones. In the same transaction, the petitioners were also injured leading to lodging of FIR No.186/2014. Learned counsel for the petitioners and respondents have, in unison, stated that FIR No.186/2014 and 649/2014 (P.S. Kalyan Puri) have been quashed in two separate petitions by a Bench of this Court. Photocopies of the orders by which such FIRs have been quashed have been produced during the course of hearing of this petition.

Let those be taken on record.

The dispute is with respect to possession and ownership of the house, which has been settled and no useful purpose would be served in allowing this FIR to be investigated any further.

For the aforesaid reasons viz., the settlement between the parties and the quashing of other FIRs referred to above, this Court is inclined to quash the present FIR (FIR No.185/2014, P.S.Kalyanpuri). The FIR No.185/2014 is quashed along with its resultant proceedings. The petition is allowed.

AUGUST 17, 2015/ns ASHUTOSH KUMAR, J