Nitin & ORS v. State Of NCT Of Delhi & ORS
$-28 & *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.rCRL^ 2446/2nLS BALWAN & ORS Petitioners Through Mr. Abhishek Kaushik, Advocate versus STATE OF NCT OF DELHI Respondent Through Ms. Kamna Vohra, ASC (Crl.) SI Uday Singh, P.S. Bawana + W.P.ICRLI 2448/2015 NITIN & ORS Petitioners Through Mr. Sandeep Kaushik, Advocate versus STATE OF NCT OF DELHI & ORS Respondents Through Ms. Kamna Vohra, ASC (Crl.) SI Uday Singh, P.S. Bawana
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
ORDER
% 20.10.2015 The present are the petitions under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of cross FIRs, one FIR bearing No. 505/2015 under Sections 146/147/148/323/324/336/506 IPC registered at Police StationBawana, Delhi and the other FIR bearing no. 503/2015 under Sections 146/147/148/323/324/336/506 IPC registered at Police Station- Bawana, By:AMULYA
Delhi and the proceedings arising therefrom.
The FIR No. 505/2015 has been registered on a complaint filed by Nitin whereas the FIR No. 503/2015 has been registered on a complaint filed by Balwan.
The above stated FIRs were registered as a consequence of an altercation between two groups of young boys. It has been alleged that knives were used during the scuffle between the parties and gunshots were fired in the air.
Nitin, the complainant in FIR No. 505/2015 and Balwan, the complainant in FIR No. 503/2015 are present in Court today and have been duly identified by the Investigating Officer in the subject FIRs namely SI Uday Singh, Police Station- Bawana, Delhi. Both the complainants state in unison that they have amicably resolved all their differences which led to the registration of both the FIRs and in view of the amicable resolution of all their outstanding disputes, they are no longer keen to proceed with the subject FIRs and the proceedings arising therefirom. In the present case, it is observed that the subject FIRs do not fall within the exempted categories of serious/heinous offences which ought not to be quashed on the ground of an amicable resolution of the disputes.
The offences alleged to have been committed in the subject FIRs are private in nature and do not have a serious impact on society. However, the accused in the subject FIRs are warned to mend their behaviour and conduct themselves in a civilized manner for a period of one year from today failing which the quashing of subject FIRs may be re-considered. Resultantly, FIR No.
505/2015 under Sections 146/147/148/323/324/336/506 IPG registered at Police Station- Bawana,
2_ Delhi and FIR No. 503/2015 under Sections U6l\AllUm23/32AI?>W5Q6 IPG registered at Police Station- Bawana, Delhi and the proceedings arising therefrom are hereby set aside and quashed qua the respective petitioners subject to each one of them depositing a sum of Rs.5,000/-(Rupees Five Thousand) with the Delhi Police Welfare Society, within a period of two weeks from today. The receipt thereof shall be furnished to the Investigating Officer in the subject FIR namely SI Uday Singh, Police Station- Bawana, Delhi.
With the above said directions, the present writ petitions are allowed and disposed of accordingly.
'(7^ ^ SIDD^RTH MRIDUL, J OCTOBER 20, 2015 sd