Delhi High Court
Subhash Chaudhary & Ors vs State Of Nct Of Delhi & Ors on 5 April, 2016
#7&8
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 05.04.2016
W.P.(CRL) 536/2016
SUBHASH CHAUDHARY & ORS ..... Petitioners
Through: Mr. Rajesh Pandey, Advocate
versus
STATE OF NCT OF DELHI & ORS ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with SI Manjeet, PS- Govindpuri for
R-1
W.P.(CRL) 552/2016
NAVEEN KUMAR & ORS ..... Petitioners
Through: Mr. Rajesh Pandey, Advocate
versus
STATE OF NCT OF DELHI & ORS ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with SI Manjeet, PS- Govindpuri for
R-1
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present petitions under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seek quashing of cross FIRs registered by the parties against each other.
2. In Writ Petition (Criminal) No.536/2016 quashing is sought of FIR
bearing No.616/2015, under sections 323/341/34 IPC, registered at Police
Station- Govind Puri, Delhi and the proceedings arising therefrom.
3. In Writ Petition (Criminal) No.552/2016 quashing is sought of FIR
bearing No.617/2015, under sections 323/341/34 IPC, registered at Police
Station- Govind Puri, Delhi and the proceedings arising therefrom.
4. The parties are present in person and state in unison that the subject
cross-FIRs were registered as a consequence of an altercation between two
groups of individuals who are stated to owe political allegiance to one
political outfit and a dispute occurred between two factions of the same
political party as a manifestation of intra-party rivalry in relation to an
already concluded assembly election. The allegations are that the dispute led
to an altercation between both factions of political parties and resulted in
physical assault of individuals belonging to the other group with lathis,
dandas and iron rods. It is an admitted position that neither group of
individuals suffered any serious injury as a consequence of the said
altercation.
5. The complainants in the subject cross-FIRs as well as the alleged
offenders, and the individuals who suffered injuries are all present in person
in Court today and state in unison that they have amicably resolved all the
differences which led to the registration of the afore-stated cross-FIRs. The
complainants in the subject FIRs, who are present in Court and have been
identified by the IO in the subject FIRs, namely, SI Manjeet, Police Station-
Govind Puri, Delhi state that in view of the amicable resolution of all their
outstanding disputes, as afore-stated they are no longer keen to proceed with
the subject FIRs and the proceedings arising therefrom.
6. In the present case, it is observed that the offences in the subject FIR
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. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)
10 SCC 303].
7. The offences alleged to have been committed in the subject FIRs are
private in nature and did not have a serious impact on society at large and
were limited to an altercation between two groups of political activists inter
se. However, all the individuals as aforementioned in the subject FIRs, who
are present in person, are warned to mend their behaviour and conduct and
ensure that they maintain peace and harmony for a period of one year from
today, failing which, the quashing of subject FIRs may be re-visited.
8. Resultantly, FIR No.616/2015, under sections 323/341/34 IPC,
registered at Police Station- Govind Puri, Delhi and FIR No.617/2015, under
sections 323/341/34 IPC, registered at Police Station- Govind Puri, 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.10,000/-(Rupees Ten Thousand) with the Victims' Compensation Fund,
Government of NCT of Delhi, within a period of two weeks from today. The
receipt thereof shall be furnished to the Investigating Officer in the subject
FIRs, namely, SI Manjeet, Police Station- Govind Puri, Delhi.
9. With the above said directions, the present writ petitions are allowed
and disposed of accordingly.
SIDDHARTH MRIDUL, J
APRIL 05, 2016
dn
