Delhi High Court - Orders
Vikash & Ors vs State Nct Of Delhi & Ors on 1 November, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~43 & 46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5584/2022
VIKASH & ORS. ..... Petitioners
Through: Mr. Prabhakar Pandey, Adv.
versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Manjeet Arya, APP for State with
SI Omkar Singh, PS Gulabi Bagh
Mr. S.D. Tiwari, Mr. S.K. Pandey,
Advs.
46
+ CRL.M.C. 5604/2022
GENDA & ORS. ..... Petitioners
Through: Mr. Prabhakar Pandey, Adv.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Manjeet Arya, APP for State with
SI Omkar Singh, PS Gulabi Bagh
Mr. S.D. Tiwari, Mr. S.K. Pandey,
Advs.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 01.11.2022 CRL.M.A. 22111/2022 & CRL.M.A. 22172/2022 Exemption allowed, subject to all just exceptions. Applications stand disposed of.
CRL.M.C. 5584/2022 & CRL.M.C. 5604/2022 These are cross petitions seeking quashing of FIR No. 186/2022 dated 02.07.2022 u/s 308/323/147/148/149/506 IPC registered at PS Gulabi Bagh, New Delhi and FIR No. 187/2022 dated 02.07.2022 u/s 308/323/147/148/149/506 IPC registered with PS Gulabi Bagh, New Delhi.
Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:03.11.2022 18:53:00It is stated that the children of the parties had an altercation and the family members got involved to settle those disputes.
During the settlement, the petitioners and respondents had heated arguments, wherein bricks were thrown at each other, due to which one of the parties also sustained head injuries.
During the pendency of the FIR, a compromise was reached on 09.09.2022, wherein all the parties have realised their mistake and since they are neighbours and belong to the same community, have decided to put a quietus to the two FIRs.
The parties have apologised to each other and have assured that in future they will not fight or do any similar acts.
The parties are present in Court and are identified by Mr. Prabhakar Pandey, Adv. and Mr. S.D. Tiwari, Adv. and SI Omkar Singh from PS Gulabi Bagh.
The parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence.
The parties further state that they wish that the FIRs are quashed. I am of the opinion that no useful purpose would be served in prosecuting the FIRs any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes.
I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.
However, I am of the view that the police machinery has been put in Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:03.11.2022 18:53:00 motion on account of the acts of commission & omission on behalf of the parties and useful time of the police and judicial time which could have been utilised for important matters has been misdirected towards the present matter.
Issues such as these end up wasting precious judicial time and State resources, ultimately affecting the society at large and negatively impacting judicial productivity. Hence the petitioners and respondent must do some social good for the benefit of the Society.
Therefore, petitioners and respondents are directed that they will install a water harvesting unit near Sabzi Mandi, Delhi and will ensure it to be a success and look after its upkeep and maintenance the same for a period of 10 years.
The petitioners and respondents shall file 6-monthly progress report in this Court with photographs. The concerned I.O. will coordinate with East MCD, Horticulture Department for the place where the Water Harvesting Unit is to be installed and shall inform the petitioner and the respondents regarding the same.
The petitioners and respondents will provide necessary financial resources and manpower to install and implement the water harvesting unit as well as to maintain the same for at least a period of 10 years.
The compliance report shall be filed on or before 30.01.2023. List on 30.01.2023.
Subject to and with these directions and for the aforesaid reasons, FIR No. 186/2022 dated 02.07.2022 u/s 308/323/147/148/149/506 IPC registered at PS Gulabi Bagh, New Delhi and FIR No. 187/2022 dated 02.07.2022 u/s 308/323/147/148/149/506 IPC registered with PS Gulabi Bagh, New Delhi Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:03.11.2022 18:53:00 are hereby quashed.
JASMEET SINGH, J NOVEMBER 1, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:03.11.2022 18:53:00