Mahesh Kumar & Ors. vs State & Anr.
2017 Latest Caselaw 281 Del

Citation : 2017 Latest Caselaw 281 Del
Judgement Date : 16 January, 2017

Delhi High Court

Mahesh Kumar & Ors. vs State & Anr. on 16 January, 2017

$~45
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : JANUARY 16, 2017

+                    CRL.M.C.170/2017 & Crl.M.A.788/2017

       MAHESH KUMAR & ORS.                               ..... Petitioners
                  Through :             Mr.J.P.Malviya, Advocate.

                           versus

       STATE & ANR.                                       ..... Respondents
                           Through :    Mr.Arun Kr.Sharma, APP.
                                        SI Mahipal Singh, P.S. Ghazipur

        CORAM:
        HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.266/2011 registered under Section 307/34 IPC at Police Station Ghazipur. It is stated that the matter has been settled between the petitioner and respondent No.2 amicably.

2. I have heard the learned counsel for the parties and have examined the file. On perusal of the file, it reveals that similar petition Crl.M.C.No.1848/2016 was earlier filed by the petitioners for the same purpose and by a detailed order dated 13.05.2016, it was dismissed by the Coordinate Bench of this Court. The petitioners again preferred another Crl.M.C.No.4395/2016 for quashing on the same grounds which was dismissed as withdrawn by an order dated 24.11.2016.

3. Without any change of the circumstances, the petitioners have again preferred the present petition for quashing of the FIR on the basis of settlement. This is not fair and apparently is an abuse of the process of the court. The successive petition for quashing on similar grounds after dismissal of earlier one on merits cannot be entertained and is dismissed with costs of `25,000/- to be deposited within two weeks with Delhi High Court Legal Services Committee.

4. The petition and all pending application(s) stand disposed of. The registry shall ensure the compliance of the order.

(S.P.GARG) JUDGE JANUARY 16, 2017 sa