SANDEEP & ORS Vs. STATE & OTHERS
LAWS(DLH)-2015-2-640
HIGH COURT OF DELHI
Decided on February 18,2015

Sandeep And Ors Appellant
VERSUS
STATE AND OTHERS Respondents


Referred Judgements :-

PHILLIPS VS. EYRE [REFERRED]
HOLMES V. PHEONIX INSURANCE CO. [REFERRED]
POPE ALLIANCE CORPORATION V. SPANISH RIVER PULP AND PAPER MILLS LTD. [REFERRED]
LEWIS PUGH EVANS PUGH VS. ASHUTOSH SEN [REFERRED]
ASHWINI KUMAR GHOSE V. ARBINDA BOSE [REFERRED]
M.P. SHARMA AND ORS. V. SATISH CHANDRA [REFERRED]
MOHD SHABBIR VS. STATE OF MAHARASHTRA [REFERRED]
K. VENKATESWARA RAO VS. BEKKAM NARASIMHA REDDI [REFERRED]
HUKUMDEV NARAIN YADAV VS. LALIT NARAIN MISHRA [REFERRED]
S.K. SRIVASTAVA V. GAJANAND PATRIWALLA [REFERRED]
STATE OF MADHYA PRADESH AND ANOTHER VS. BHAILAL BHAI & ANR. [REFERRED]
T. ARIVANDANDAM V. T.V. SATYAPAL AND ANOTHER [REFERRED]
ASGARALI NAZARALI V. STATE OF BOMBAY [REFERRED]
NEW ASIATIC INSURANCE CO. LTD. VS. PESSUMAL DHANAMAL ASWANI [REFERRED]
R. V. MELFORD DEVELOPMENTS INC. [REFERRED]
L OFFICE CHERIFIEN DES PHOSPHATES V. YAMASHITA-SHINNIHON STEAMSHIP COMPANY LTD. [REFERRED]
SAMA ALANA ABDULLA VS. STATE OF GUJARAT [REFERRED]
STEFFEN,ROBERTSON AND KIRSTEN CONSULTING ENGINEERS AND SCIENTISTS V. CIT [REFERRED]
RAMNANDAN RAI VS. THE DISTRICT JUDGE,SITAMARHI [REFERRED]
V.S. KUTTAN PILLAI V. RAMAKRISHNAN AND ANR [REFERRED]
SHYAM M. SACHDEV V. THE STATE AND ANOTHER [REFERRED]
STATE OF HARYANA AND OTHERS V. CH. BHAJAN LAL AND OTHERS [REFERRED]
S.P. CHENGALVARAYA NAIDU V. JAGANNATH AND OTHERS [REFERRED]
MONTE HARRIS V. COMMISSIONER OF INCOME TAX [REFERRED]
SMT. KRISHNA SARBADHIKARY V. ALOK RANJAN SARBADHIKARY [REFERRED]
DR. RAM MANOHAR LOHIA VS. STATE OF BIHAR AND OTHERS [REFERRED]
ANDHRA PRADESH STATE FINANCIAL CORPORATION VS. GAR RE-ROLLING MILLS AND ANR. [REFERRED]
UNION OF INDIA AND ORS. VS. M. BHASKARAN [REFERRED]
COMMISSIONER OF WEALTH TAX,KANPUR VS. CHANDER SEN [REFERRED]
YUDHISHTER VS. ASHOK KUMAR [REFERRED]
BALCO EMPLOYEES UNION (REGD.) V. UNION OF INDIA & ORS. [REFERRED]
ISRO SATELLITE CENTRE V. DIT [REFERRED]
ANIL KUMAR JHA VS. STATE OF BIHAR [REFERRED]
RAVINDRA CHOURASIA VS. RAMASHANKAR [REFERRED]
NATIONAL INSURANCE COMPANY LTD. VS. SWARAN SINGH & ORS. [REFERRED]
VINEET NARAIN AND ORS. V. UNION OF INDIA AND ANR [REFERRED]
STATE REP. BY INSPECTOR OF POLICE,SPE/CBI/ACB V. RENUKADEVI [REFERRED]
STATE OF KARNATAKA V. K.KRISHNA GOWDA AND ANOTHER [REFERRED]
SAKIRI VASU V. STATE OF U.P. AND ORS. [REFERRED]
LALITA KUMARI V. GOVT. OF U.P. AND ORS [REFERRED]
ORIENTAL INSURANCE COMPANY LTD. VS. CHERUVAKKARA NAFESSU & ORS. [REFERRED]
MUNICIPAL CORPORATION OF DELHI,DELHI V. ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDY AND ORS. [REFERRED]
UPTRON INDIA LTD. V. SHAMMI BHAN [REFERRED]
VIDHYADHAR V. MANIK RAO [REFERRED]
JANKI VASHDEO BHOJWANI & ANR VS INDUSIND BANK LTD. & ORS. [REFERRED]
S. HANUMANTA RAO V. S. RAMANI [REFERRED]
GURBAX SINGH V. HARMINDER KAUR [REFERRED]
KARNATAKA ANTIBIOTICS AND ANOTHER VS. NATIONAL COMMISSION FOR SC AND ST AND OTHERS [REFERRED]
UNITED INDIA INSURANCE CO. LTD. VS. RAJENDRA SINGH AND ORS. [REFERRED]
RAM CHANDRA SINGH VS. SAVITRI DEVI AND ORS. [REFERRED]
A.P. PUBLIC SERVICE COMMISSION VS. KONETI VENKATESWARULU [REFERRED]
R. RADHAKRISHNAN VS. DIRECTOR GENERAL OF POLICE AND ORS. [REFERRED]
BHAURAO DAGDU PARALKAR VS. STATE OF MAHARASHTRA AND ORS. [REFERRED]
KAMLA RANI AND ORS VS. M/S TEXMACO LTD. [REFERRED]
COMMISSIONER OF INCOME TAX VS. SCINDIA STEAM NAVIGATION COMPANY LIMITED [REFERRED]
MAULA BUX VS. UNION OF INDIA [REFERRED]
HANUMAN COTTON MILLS VS. TATA AIR GRAFT LIMITED [REFERRED]
HATTI VS. SUNDER SINGH [REFERRED]
GOVIND DAS VS. INCOME TAX OFFICER [REFERRED]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFERRED]
ADVOCATE GENERAL STATE OF BIHAR VS. MADHYA PRADESH KHAIR INDUSTRIES [REFERRED]
JYOTI BASU VS. DEBI GHOSAL [REFERRED]
BALBIR SINGH M G D SMT K ULDEEP KAUR I S BHATIA PT JAGESHWAR PARSHAD VS. M C D:USHA RANI:N D M C:M G D :N D M C [REFERRED]
S RANGARAJAN UNION OF INDIA VS. P JAGJIVAN RAM:P JAGJIVAN RAM [REFERRED]
DISTRICT COLLECTOR AND CHAIRMAN VIZIANAGARAM SOCIAL WELFARE RESIDENTIAL SCHOOL SOCIETY VIZJANAGARAM VS. M TRIPURA SUNDARI DEVI [REFERRED]
WANDER LIMITED VS. ANTOX INDIA PRIVATE LIMITED [REFERRED]
STATE OF BIHAR VS. P P SHARMA IAS [REFERRED]
UNION OF INDIA VS. K V JANKIRAMAN [REFERRED]
V S MURTHY VS. UNION OF INDIA [REFERRED]
INDRA SAWHNEY VS. UNION OF INDIA [REFERRED]
GENERAL MANAGER KERALA STATE ROAD TRANSPORT CORPORATION TRIVANDRUM VS. SUSAMMA THOMAS MRS [REFERRED]
D K YADAV VS. J M A INDUSTRIES LIMITED [REFERRED]
R D HATTANGADI VS. PEST CONTROL INDIA PRIVATE LIMITED [REFERRED]
R RAJAGOPAL REDDY VS. PADMINI CHANDRASEKHARAN [REFERRED]
NATIONAL FEDERATION OF S B I VS. UNION OF INDIA [REFERRED]
DIRECTOR CENTRAL BUREAU OF INVESTIGATION VS. NIYAMAVEDI [REFERRED]
BHOOP SINGH VS. RAM SINGH MAJOR [REFERRED]
U P JAL NIGAM VS. PRABHAT CHANDRA JAIN [REFERRED]
S VINOD KUMAR VS. UNION OF INDIA [REFERRED]
DELHI ADMINISTRATION VS. SUSHIL KUMAR [REFERRED]
ALL INDIA INDIAN OVERSEAS BANK SC AND ST EMPLOYEES WELFARE ASSOCIATION VS. UNION OF INDIA [REFERRED]
SUPERINTENDING ENGINEER PUBLIC HEALTH U T CHANDIGARH VS. KULDEEP SINGH [REFERRED]
COMMISSIONER OF INCOME TAX BOMBAY VS. PODAR CEMENT PRIVATE LIMITED AND OT HERS [REFERRED]
MUNICIPAL CORPORATION OF DELHI VS. DELHI URBAN HOUSE OWNERS WELFARE ASSN [REFERRED]
LT COL P R CHAUDHRY RETD VS. MUNICIPAL CORPORATION OF DELHI [REFERRED]
STATE OF MADHYA PRADESH VS. PRADEEP KUMAR [REFERRED]
HARI SHANKER JAIN VS. SONIA GANDHI [REFERRED]
SAVITRI PANDEY VS. PREM CHANDRA PANDEY [REFERRED]
SHAIK SAIDULU SAIDA VS. CHUKKA YESU RATNAM [REFERRED]
NATIONAL INSURANCE CORPORATION LIMITED CHANDIGARH VS. NICOLLETTA ROHTAGI [REFERRED]
UNION OF INDIA VS. PRAKASH P HINDUJA [REFERRED]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. GANGA ENTERPRISES [REFERRED]
UNION OF INDIA VS. AZADI BACHAO ANDOLAN [REFERRED]
RAM CHANDRA SINGH VS. SAVITRI DEVI [REFERRED]
NATIONAL INSURANCE COMPANY LIMITED VS. BALJIT KAUR [REFERRED]
VICE CHAIRMAN KENDRIYA VIDYALAYA SANGATHAN VS. GIRDHARILAL YADAV [REFERRED]
NATIONAL INSURANCE COMPANY LIMITED VS. CHALLA BHARATHAMMA [REFERRED]
NATIONAL INSURANCE CO LTD VS. PREMBAI PATEL [REFERRED]
UNION OF INDIA VS. MAJOR BAHADUR SINGH [REFERRED]
SOM DEV VS. RATI RAM [REFERRED]
SAMAR GHOSH VS. JAYA GHOSH [REFERRED]
DEV DUTT VS. UNION OF INDIA [REFERRED]
COMMNR OF INCOME TAX I AHMEDABAD VS. GOLD COIN HEALTH FOOD PVT LTD [REFERRED]
PRAGIYOTISH GAONLIA BANK VS. BRIJLAL DAS [REFERRED]
COMMISSIONER OF CUSTOMS AND CENTRAL EXCIES VS. HONGO INDIA P LTD [REFERRED]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED]
RISHAB CHAND BHANDARI VS. NATIONAL ENGINEERING INDUSTRY [REFERRED]
PRITHIPAL SINGH VS. SATPAL SINGH [REFERRED]
STATE OF HIMACHAL PRADESH VS. HIMACHAL TECHNO ENGINEERS [REFERRED]
J P BUILDERS VS. A RAMADAS RAO [REFERRED]
COMMR OF POLICE VS. SANDEEP KUMAR [REFERRED]
BANDA DEVELOPMENT AUTHORITY VS. MOTI LAL AGARWAL [REFERRED]
UNITED INDIA INSURANCE CO LTD VS. SHILA DATTA [REFERRED]
SATISH KHOSLA VS. ELI LILLY RANBAXY LIMITED [REFERRED]
MUNICIPAL CORPORATION OF DELHI VS. DHUNISHAW FRAMROZ DARUWALA [REFERRED]
SAVITRY DEVI VS. RAMESH CHAND [REFERRED]
RAM NIWAS VS. PITAMBER SINGH [REFERRED]
ASIA SATELLITE TELECOMMUNICATIONS CO LTD VS. DIRECTOR OF INCOME TAX [REFERRED]
KAVITA VS. RAKESH RAMAN [REFERRED]
ASHOK KUMAR VS. MUNNI DEVI [REFERRED]
NETAPP B V VS. AUTHORITY FOR ADVANCE RULINGS [REFERRED]
COMMISSIONER OF INCOME TAX VS. AHMEDABAD MANUFACTURING AND CALICO PRINTING COMPANY [REFERRED]
COMMISSIONER OF GIFT TAX VS. BUDUR THIPPAIAH [REFERRED]
COMMISSIONER OF INCOME TAX ANDHRA PRADESH VS. VISAKHAPATNAM PORT TRUST [REFERRED]
N V PHILIPS VS. COMMISSIONER OF INCOME TAX NO 1 [REFERRED]
COMMISSIONER OF INCOME TAX VS. VR S R M FIRM [REFERRED]
COMMISSIONER OF INCOME TAX VS. LOYAL TEXTILE LIMITED [REFERRED]
HINDUSTAN CONSTRUCTION COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX NO 1 [REFERRED]
JAI LOGISTICS VS. AUTHORIZED OFFICER [REFERRED]
DIRECTOR OF INCOME TAX VS. NOKIA NETWORKS OY [REFERRED]
GIAN SINGH VS. STATE OF PUNJAB [REFERRED]
GIAN SINGH VS. STATE OF PUNJAB [REFERRED]
JITENDRA RAGHUVANSHI VS. BABITA RAGHUVANSHI [REFERRED]
RESHMA KUMARI VS. MADAN MOHAN [REFERRED]
SUKHDEV SINGH VS. UNION OF INDIA [REFERRED]
ABHIJIT GHOSH DASTIDAR VS. UNION OF INDIA [REFERRED]
DEVENDRA KUMAR VS. STATE OF UTTARANCHAL [REFERRED]
POPAT BAHIRU GOVARDHANE VS. SPECIAL LAND ACQUISITION OFFICER [REFERRED]
RAJESH VS. RAJBIR SINGH [REFERRED]
VIJAY S. SATHAYE VS. INDIAN AIRLINES LTD [REFERRED]
VERIZON COMMUNICATIONS SINGAPORE PTE LTD VS. INCOME TAX OFFICER [REFERRED]
SYED SADIQ VS. DIVISIONAL MANAGER, UNITED INDIA INS. CO. [REFERRED]
SANOFI PASTEUR HOLDINGS SA VS. DEPARTMENT OF REVENUE [REFERRED]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED]
NARINDER SINGH VS. STATE OF PUNJAB [REFERRED]
UNION OF INDIA VS. SHIV RAJ [REFERRED]
KRISHAN LAL DILAWARI VS. STATE [REFERRED]
ROHTAS BHANKHAR VS. UNION OF INDIA [REFERRED]
SIN OCEANIC SHIPPING ASA VS. AUTHORITY FOR ADVANCE RULINGS [REFERRED]
COMMISSIONER OF INCOME TAX VS. SIEMENS AKTIONGESELLSCHAFT [REFERRED]
KUMARI KIRAN VS. SAJJAN SINGH [REFERRED]
COMMISSIONER OF INCOME TAX VS. VATIKA TOWNSHIP PRIVATE LIMITED [REFERRED]
BASAPPA VS. T. RAMESH & ANOTHER [REFERRED]
FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL VS. LT GOVERNOR OF DELHI [REFERRED]
CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA VS. CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION [REFERRED]
SMT. PHOOLWATI AND ORS. VS. SMT. RAM DEI AND ORS. [REFERRED]
SURTI GUPTA VS. UNITED INDIA INSURANCE COMPANY AND ORS. [REFERRED]
NATIONAL INSURANCE CO. LTD. VS. PUSHPA [REFERRED]
CENTRAL BUREAU OF INVESTIGATION V. ASHOK KUMAR AGGARWAL [REFERRED]
JOSHI TECHNOLOGIES INTERNATIONAL INC VS. UNION OF INDIA [REFERRED]
CHAIRMAN & MANAGING DIRECTOR CENTRAL BANK OF INDIA & ORS. VS. CENTRAL BANK OF INDIA SC/ST EMPLOYEES WELFARE ASSOCIATION & ORS. [REFERRED]


JUDGEMENT

- (1.)In the above-captioned two petitions, quashing of cross FIRs i.e. FIR No.127/2013, under Sections 427/323/341/34 of IPC [in CRL.M.C. 5273/2013] and FIR No.126/2014 under Sections 308/323/34 of IPC [in CRL.M.C.4009/2013], both registered at police station Kirti Nagar, Delhi is sought on identical grounds and so, with the consent of both the sides, these two petitions were heard together and by this common judgment, they are being disposed of.
(2.)Learned counsel for petitioners submits that Ranjeet, Sandeep and Gopal, present in the Court, are the complainant party of aforesaid FIR No.126/2013 whereas Ravi Pratap, present in the Court is the complainant/first informant of FIR No.127/2013.
(3.)Learned Additional Public Prosecutor for respondent State submits that complainant party of aforesaid two FIR cases, present in the Court, has been identified to be so by their counsel as well as by SI Raj Pal on the basis of identity proof produced by them. Learned Additional Public Prosecutor for respondent-State submits that the trial of the FIRs in question has not yet begun.
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