PREM CHAND GUPTA & ORS. vs THE STATE (NCT OF DELHI) & ORS.

Judgment text excerpt

$~78 & 91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2026 + CRL.M.C. 1985/2026 PREM CHAND GUPTA & ORS. .....Petitioners Through: Mr. Ashish Kumar, Adv. versus THE STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Kunal Rewaliya, Advocate for R-2 &3 + CRL.M.C. 1991/2026 ANWAR KHAN & ANR. .....Petitioner Through: Mr. Ashish Kumar, Adv. Mr. Kunal Rewaliya, Advocate for Petitioner no. 2 to 4 versus THE STATE OF NCT OF DELHI AND ORS .....Respondent Through: Mr. Rajiv, ASI, P.S. Burari CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Both these petitions, being connected, have been taken up together. 2. There are two cross-FIRs i.e. FIR No.58/2025 and FIR No.59/2025 dated 23.01.2025, registered at P.S. Burari. Both the abovesaid FIRs have been registered for commission of offences under Sections 110/3(5) of Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections 308/34 IPC). 3. In CRL.M.C.1991/2026, FIR has been registered against the accused Anwar and Hasim with allegations that they had given injuries with ‘bricks and danda’ upon Geeta Devi (respondent no. 3 herein). 4. In cross-case i.e. CRL.M.C.1985/2025, there are three accused persons Signature Not Verified Signed By:SONIA THAPLIYAL CRL.M.C. 1985/2026 & CRL.M.C. 1991/2026 1 Signing Date:23.03.2026 17:04:36 i.e. Prem, Geeta and Vivek, and in the incident in question, Anwar has received injuries upon his head. 5. As per the bare averments in the aforesaid FIRs, dispute arose on 22.01.2025 concerning the parking of a scooty, which escalated into a scuffle between the parties and resulted in the registration of two separate, albeit, cross FIRs. 6. Though, injuries received by the above said two injured persons i.e. Geeta Devi and Anwar were found to be simple in nat