High Court of DelhiCRL.M.C./4660/2017

Santosh Kumar Mishra & ORS v. State Gnct Of Delhi & ANR

2017-11-14Hon'Ble Mr. Justice A.K. Pathak4 pages

/ Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-34,35&46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4659/2017 SMT RAJ WANT KAUR & ORS .....Petitioners Through: Mr. Gufran Ali, Adv. with petitioners in person.

versus STATE GNCT OF DELHI & ANR .....Respondents Through: Ms. Manjeet Arya, APP for State with ASI Madan Mohan, P.S. Nangloi.

Mr. Sitab Ali Chaudhary, Adv., DHCLSC with Mr. Parvez Hasan, Advs. for R-2 along with R-2 in person.

AND CRL.M.C. 4660/2017 SANTOSH KUMAR MTSHRA & ORS .....Petitioners Through: Mr. Sitab Ali Chaudhary, DHCLSC with Mr. Parvez Hasan, Advs. along with petitioners in person.

versus STATE GNCT OF DELHI & ANR .....Respondents Through: Ms. Manjeet Arya, APP for State with ASI Madan Mohan, P.S. Nangloi.

Mr. Gufran Ali, Adv. for R-2 along with R-2 in person.

AND W.P. (CRL.) 3052/20 17 RAJ WANT KAUR & ORS.

Petitioners Through: Mr. Gufran Ali, Adv. with petitioners in person.

versus STATE GNCT OF DELHI & ANR .....Respondents Through: Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar, Adv. for State

with ASI Mahesh Kumar, P.S. Nihal Vihar.

Mr. Sitab Ali Chaudhary, Adv.

DHCLSC with Mr. Parvez Hasan, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

ORDER

% 14.11.2017 FIR No. 576/2008 under Sections 323/452/457/380/34 IPC was registered at police station Nangloi on the complaint of Daya Sanker Duby wherein Rajwant Kaur, Harjeet Singh, Raju Kumar Yadav and Mahesh Kumar are accused. FIR No. 296/2011 under Sections 323/354/34 IPC was registered at police station Nihal Vihar on the complaint of Rajwant Kaur wherein Santosh Kumar Mishra, Daya Shankar Dubey and Vinod Mishra are accused. FIR No. 3/2015 under Sections 323/341/452/506/34 IPC was registered at police station Nihal Vihar on the complaint of Santosh Kumar Mishra wherein Rajwant Kaur, Harjeet Singh and Jaswant Singh are accused. Rajwant Kaur, Harjeet Singh, Mahesh Kumar, Raju Kumar Yadav, Jaswant Singh, Santosh Kumar Mishra, Daya Shankar Duby and Vinod Mishra are stated to be known to each other since they live in the same locality.

A perusal of aforesaid FIRs shows that a quarrel took place between them on different occasions, that is, 24/09/08, 27/10/11 and 01/01/15, on some trivial issue which led to registration of aforesaid FIRs. It is submitted that all the above named persons have settled their disputes amicably before the Mediation Centre, Tis Hazari Court, Delhi on 10th January, 2017 in 10 respect of all the three FIRs, therefore, aforesaid FIRs and the consequent proceedings emanating therefrom may be quashed. Photocopies of proceedings of the Mediation Centre have been placed on record in all the three petitions. Mediation proceedings, containing terms of settlement, have been duly signed by Rajwant Kaur, Sardar Harjeet Singh, Jaswant Singh, Santosh Kumar Mishra, Daya Shankar Duby and Vinod Mishra.

Raju Kumar Yadav and Mahesh Kumar are not the party to the said settlement arrived at before the Mediation Centre. They are accused in FIR No. 5 76/08 of police station Nangloi wherein Daya Shankar Duby is complainant. Daya Shannkar Duby submits that he has no objection in case FIR No. 576/08 is quashed qua Mahesh Kumar and Raju Kumar Yadav as well. Complainants Daya Shankar Duby, Rajwant Kaur and Santosh Kumar Mishra are present in Court and have been identified by ASI Mahesh Kumar of police station, Nihal Vihar and ASI Madan Mohan of police station Nangloi.

complainants submits that they have settled the matter with the accused persons of their own free will and without any undue force, pressure or coercion, therefore, they do not wish to pursue the FIR any further and the same may be quashed.

Keeping in view that neighbours had quarrel with each other on some occasions on some trivial issues and that they have now settled the matter before the Mediation Centre, in the interest ofjustice, aforesaid FIRs and the consequent proceedings emanating therefrom are quashed. All the above petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

NOVEMBER 14, 2017 J.