Delhi High Court
Mohd. Mohsin & Ors. vs The State (Delhi Admn.) Delhi & ... on 16 July, 2018
$~17 & 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 16.07.2018
+ CRL.M.C. 2448/2018
ANISH & ORS. ..... Petitioners
versus
THE STATE (DELHI ADMN.) & ORS. ..... Respondents
+ CRL.M.C. 2464/2018
MOHD. MOHSIN & ORS. ..... Petitioners
versus
THE STATE (DELHI ADMN.) DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Juned Alam, Advocate for petitioners in Crl.
M.C.2448/2018
Mohd. Tabrez, Advocate for petitioners in Crl..
M.C.2464/2018
For the Respondents : Ms.Neelam Sharma, APP for the State.
Mr.Juned Alam, Adv. for R-2 to R-4 in Crl.M.C.
2464/18
Mohd. Tabrez, Adv. for R-2 to R-5 in Crl. M.C.
2448/2018
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
Crl.M.C. 2448 & 2464/2018 Page 1 of 3
ORDER
% 16.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioners in Crl. M.C. 2448/2018 seek quashing of FIR
No.1185/2015, under Sections 323/341/308/506/34 IPC, Police Station
Sarai Rohilla and petitioners in Crl. M.C. 2464/2018 seek quashing of FIR
No.1184/2015, under Sections 323/341/308/506/34 IPC, registered at
Police Station Sarai Rohilla.
2. Subject FIRs are cross FIRs. It is contended that the FIRs were
registered on account of a quarrel, which took place between the parties,
consequent to drinking of Alcohol.
3. The parties are neighbours. They have settled their disputes vide
Settlement Deed dated 20.03.2018. Though the status report indicates that
there are involvement of some of the petitioners in other proceedings,
however it is noticed that the previous involvement is of several years ago
and there does not seem to be anything on record to suggest that the
petitioners were involved in any other case in the near past.
4. Parties are present in person in Court today, represented by their
counsels. They undertake that they shall not quarrel in future and shall
maintain law and order. They further submit that they do not wish to press
the criminal complaints against each other any further.
5. In view of the fact that the disputes between the parties has been
settled, continuation of criminal proceedings will be an exercise in futility
and justice in the case demands that the dispute between the parties is put to
an end and peace is restored; securing the ends of justice being the ultimate
guiding factor. It would also be expedient to quash the subject FIRs and the
consequent proceedings emanating therefrom.
6. In view of the above, the petitions are allowed. FIR No.1185/2015,
under Sections 323/341/308/506/34 IPC, registered at Police Station Sarai
Rohilla and FIR No.1184/2015, under Sections 323/341/308/506/34 IPC,
registered at Police Station Sarai Rohilla and the consequent proceedings
emanating therefrom are, accordingly quashed, subject to each of the
petitioners depositing costs of Rs.5,000/- each with the Delhi High Court
Bar Association Employees Welfare Fund, within a period of two weeks.
The receipt of deposit of costs imposed by this order be furnished to the
concerned I.O. within a period of three weeks from today.
7. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 16, 2018/km
