Allowed

Naresh Kumar and Others v. the State ( NCT of Delhi)

Delhi HC10 Dec 2015W.P.(CRL)/2760/2015

Case brief

AI extract

What is this about?

High Court allowed writ petitions quashing two cross-FIRs registered due to an altercation over shop construction between extended family members. The Court held that the dispute was amicably settled and quashed the FIRs under Sections 323/325/34 IPC, directing deposit of Rs. 5000 with the Chief Minister's Public Relief Fund.

What did the court decide?

FIR No.766/2015 and FIR No.765/2015 set aside and quashed subject to depositing Rs.5,000 with the Chief Ministers Public Relief Fund within four weeks.

Naresh Kumar and Others Vs the State ( NCT of Delhi) — Cheque Dishonour | Delhi HC (2015)

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Signature Not Verified Digitally Signed By:AM UL YA

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The subject cross-FIRs were registered as a consequence of an incident/altercationover the constructionof wall of ashop by Raj Kumar and others, the petitioners in WP(Crl.) 2755/2015 and resistance offered thereto from Naresh Kumar and others, the petitionersin WP(Crl.) 2760/2015. The ownershipand possessionofthe subjectshop is disputed.

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Counsel appearing on behalf of the parties, on instructions from the complainants,namely,NareshKumar, the complainantin FIR No.766/2015and Raj Kumar, the complainantin FIR No.765/2015,state that the parties are members of the same extended family and with the aid and interventionof elders mthe family, they have amicablyresolvedthe disputewhich led to the registration of the cross-FIRs.

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The complainants, namely, Naresh Kumar, the complainant in FIR No.766/2015and Raj Kumar, the complainantin FIR No.765/2015,are present mpersonand have identifiedby the 10 in the subjectFIRs. They state in unison that they are, in view of the amicable resolutionarrived at between them, no longerkeen to prosecutethe subjectFIRs.

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In view ofthe foregoing,sincethe disputethat arose out ofthe ownership and possessionofashop betweenmembersofthe same extendedfamilyand the same has been settledwithoutany undue influence, pressureor coercion by and between them amicably, no useful purpose will be served by proceeding with the subjectFIRs.

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Resultantly, FIR Np.766/2015 under Sections 323/325/452/34 IPG registeredat Police Station- FatehpurBeri, Delhi and FIR no.765/2015under Sections 325/34 IPG registered at Police Station- Fatehpur Beri, Delhi are hereby set aside and quashedqua the respectivepetitionerssubjectto each one of them depositinga sum of Rs.5,000/-(RupeesFive Thousand)with the Ghief Ministers Public Relief Fund, Finance Department, Government of Tamil Nadu, Secretariat,Ghennai, within a period of four weeks from today. The receipt thereofshall be furnished to the InvestigatingOfficer in the subject

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FIRs.

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With the above directions, the present writ petitions are allowed and disposedof accordingly.

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DECEMBER10,2015 mk

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SlDpHARTHMRIDUL,J

Naresh Kumar and Others v. the State ( NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Naresh Kumar and Others v. the State ( NCT of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

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