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2013 DAILYLAW 2678 (DEL)

Jagbir Singh v. State

2013-08-19

Hima Kohli

body2013
JUDGMENT : 1. Crl. M.C. No. 3314/2013 has been filed by the petitioner under Section 482 of the Cr.P.C. praying inter alia for quashing of FIR No. 102/2013 lodged by the respondent No.2/complainant (sister-in-law of the petitioner) against the petitioner under Sections 451/354A IPC, with Police Station: Neb Sarai, Delhi, and all the proceedings arising therefrom. 2. Crl.M.C.No.3317/2013 has been filed by the petitioner (son of the respondent No.2 in Crl.M.C.No.3314/2013) under Section 482 of the Cr.P.C. praying inter alia for quashing of FIR No.l 16/2013 lodged by the respondent No.2/complainant (daughter of the petitioner in Crl.M.C.No.3314/2013) under Sections 354 IPC with Police Station: Neb Sarai, Delhi, and all the proceedings arising therefrom. 3. Counsels for the parties state that the parties are related to each other, petitioner in Crl.M.C.No.3314/2013 being the brother of Mr. Naresh Kumar, husband of the respondent No.2 in the same petition, and Mr. Praveen Singhal, petitioner in Crl. M.C. No.3317/2013, being the son of the aforesaid Mr. Naresh Kumar, wherein the respondent No.2 happens to be the daughter of Mr. Jagbir Singh (petitioner in Crl.M.C. 3314/2013). It is further stated that the parties are residing in village Devli, Delhi and the dispute between them relates to access to a common passage in front of their houses. They submit that the subject FIRs are only an offshoot of a civil dispute, which now stands resolved in terms of a Settlement Deed notarized on 3.8.2013 (Annexure P-2 Colly). 4. Learned APP for the State, who appears on advance copy, confirms on instructions from the IO that parties are related to each other and have resolved their disputes. However, he states that both the parties have tried to misuse the legal process by levelling baseless and vicious allegations against each other which had to be investigated at length whereafter charge-sheets have been filed,' He states that as valuable manhours of the police have been spent on pursuing the present cases, if the Court is inclined to allow the present petitions, then costs may be imposed on the petitioners. 5. 5. Having regard to the fact that the parties have arrived at an out of court amicable settlement with each other of their own five will and volition IInd without any undue influence or coercion from any quarter, this Court is of the opinion that no useful purpose will be served by proceeding further with the aforesaid FIRs and the proceedings arising therefrom. 6. Accordingly, the prayers made in the present petitions are allowed. FIR No.102/2013 and FIR No.1 16/2013, both registered at PS Neb Sarai, Delhi, and all proceedings arising therefrom are quashed, subject to the following conditions : (i) The petitioners Crl. M.C. No.3314/2013 and Crl.M.C. No.3317/2013 shall file their respective affidavits tendering an unqualified apology to the respondent No.2/complain-ants in each case. Additionally, they shall undertake in the said affidavits, that they shall maintain good conduct in future and shall not indulge in any such activities as have been mentioned in the subject FIRs. The aforesaid affidavits shall be filed within one week, with an advance copy to the respondent No.2/complainant as also to the learned APP for the State. (ii) The petitioners in both the cases shall pay costs of Rs.30.000/- each within a period of two weeks. The petitioner in CrLM.C. 3314/2013 shall deposit Rs.30,000/- in the following man-ner:- (a) Rs. 10.000/- with the Delhi Police Welfare Fund. (b) Rs. 10.000/- with Anchal Charitable Trust, F-16, Naveen Shahdara, Behind Shyam Lal College, Delhi-110032. (c) Rs. 10.000/- with Foundation for Spastic and Mentally Handicapped (UDAAN), C-27, Dayanand Colony, Lajpat Nagar-IV, New Delhi-110024. (iii) The petitioner in Crl.M.C. 3317/2013 shall deposit Rs.30,000/- in the following manner:- (a) Rs. 10.000/- with Helpage India, C-14, Qutab Institutional Area, New Delhi, DL 110016 (b) Rs. 10.000/-with Chesire Home India - Delhi Unit, Opposite Holy Family Hospital, Okhla Road, New Delhi-110025. (c) Rs. 10,000/- with SOS Children's Village of India, 1, Doctor Lane, Gole Market, New Delhi. 7. It is made clear that in case the petitioners herein are found indulging in any such offence, subject matter of the present FIRs in future, then the learned APP for the State shall be at liberty to approach the Court for revival of the aforesaid FIRs. 8. The petitions are disposed of, along with the pending applications.