Delhi High Court
Deepak Kumar vs State & Anr on 28 March, 2012
Author: Suresh Kait
$~35, $~36, $~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:28th March, 2012
+ CRL.M.C. 1098/2012
DEEPAK KUMAR ..... Petitioner
Through : Mr.Subhash Chand, Adv.
versus
STATE & ANR ..... Respondents
Through : Mr.Navin Sharma, APP for State/R1.
With SI Pawan Kr. PS-Kalyan Puri
Mr. Navin Singh, Adv. for R-2.
AND
+ CRL.M.C. 1099/2012
AMAN RICHARD ..... Petitioner
Through : Mr.Subhash Chand, Adv.
versus
STATE & ANR ..... Respondents
Through : Mr.Navin Sharma, APP for State
With SI Pawan Kr. PS-Kalyan Puri
Mr. Navin Singh, Adv. for R-2.
AND
+ CRL.M.C. 1100/2012
PARDEEP KUMAR GARG &ORS ..... Petitioners
Through : Mr.Subhash Chand, Adv.
versus
STATE ..... Respondent
Mr.Navin Sharma, APP for State
With SI Pawan Kr. PS-Kalyan Puri
Mr. Navin Singh, Adv. for R-2.
Crl.M.C.No.1098/2012, 1099/2012 & 1100/2012 Page 1 of 4
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl.M.A.No.3882/2012(exemption) in Crl. M.C. 1098/2012
Crl.M.A.No.3866/2012(exemption) in Crl. M.C. 1099/2012
Crl.M.A.No.3887/2012(exemption) in Crl. M.C. 1100/2012
Exemption applications allowed subject to just exceptions.
Criminal M.A.s stand disposed of.
+ CRL.M.C. 1098/2012
+ CRL.M.C. 1099/2012
+ CRL.M.C. 1100/2012
1. Vide the instant petitions, petitioners have sought for quashing of FIR
no. 74 dated 01.04.2009 registered for the offences punishable under Section
354/509/506/34 Indian Penal Code, 1860, FIR no. 75 dated 01.04.2009 for
the offences punishable under Section 323/354/509/506 and FIR no. 76/2009
dated 02.04.2009 for the offences punishable under Section 324/34 Indian
Penal Code, 1860 all registered at PS-Kalyan Puri.
2. Ld. Counsel for the petitioners submits that all the three FIRs are
crossed FIR against both the parties.
3. It is further submitted that now the parties have entered into a
settlement and all the respondents settled all the issues qua the aforesaid
FIR, therefore, they are no more interested to pursue the case mentioned
above. Therefore, instant petitions may be allowed.
4. All the respondents / complainants of the FIRs are personally present
in the court with their counsel namely Mr. Navin Singh, Advocate. SI
Pawan Kumar, IO of the Case present in the court has identified all the
respondents / complainants.
5. Ld. Counsel for the respondents submit that all the respondents have
settled all the issues qua the FIRs mentioned above against all the petitioners
and are no more interested to pursue the case further.
6. FIR no.74/2009, lodged on the complaint of Meenu against her
neighbourers namely Pradeep Kr. Garg, Rajiv Garg and Mohit Garg by
fiancé of Aman Richard / daughter of Smt. Saroj Devi. FIR no. 75/2009,
lodged on the complaint made by Smt. Saroj Devi against Aman Richard
(now her son-in-law). FIR no. 76/2009, lodged on the complaint made by
Aman Richard against Deepak Kumar (now his brother-in-law).
7. Aman Richard and Meenu are of a new generation. They were in love.
They wanted to be life partners, which was not acceptable to the family
members of Meenu. They did not succumb to the dectate of her family.
They continued to fight with the strong determination that they would marry
to each other. Since, this marriage would be in inter-caste, therefore, by
breaking the caste barrier, finally they succeeded and tied them in a knot of
marriage.
8. Now all of them become close relatives to each, therefore, the matters
have been settled.
9. In the facts and circumstances of the case, I deem it appropriate to
quash FIR No. 74/2009 for the offences punishable under Section
354/509/506/34 Indian Penal Code, 1860, FIR no. 75/2009 for the offences
punishable under Section 323/354/509/506 and FIR no. 76/2009 for the
offences punishable under Section 324/34 Indian Penal Code, 1860 all
registered at PS-Kalyan Puri.
10. Accordingly, Crl. M.C.1098/2012, Crl. M.C.1099/2012 & Crl.
M.C.1100/2012 are hereby allowed.
11. Dasti.
SURESH KAIT, J
MARCH 28, 2012
Jg
