Delhi riots: High court quashes four FIRs filed for ‘same offence’

Police said they filed five separate FIRs because the complaints came from different members of the same family as the properties were distinct from one another.

The Delhi high court quashed four of five FIRs lodged over an alleged incident of looting and arson of houses in a single compound during the north-east Delhi riots last year, after holding that there cannot be multiple FIRs and several investigations into one and the same offence.

The Delhi high court held that even if the properties were different or distinct from one another, they are located in the same compound (File Photo)

Justice Subramonium Prasad, on September 1, allowed four petitions by a man named Atir, who is an accused in the five cases that were registered on the complaints by different members of the same family in connection to the alleged loot and arson of their houses in Maujpur area on February 24.

“There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or more cognisable offence…The places which have been set on fire and looted are all in the same compound and are all enclosed by one boundary wall. There might be discrepancy regarding the width of the passage within the same compound or the exact place where the fire was set, but both sides agree that it is within one compound,” Prasad said.

“It cannot be said that the incidents were separate or the offences different. As stated earlier, a perusal of the charge sheets filed in the respective FIRs show that they are more or less identical and the accused are also same,” he said.

Police said they filed five separate FIRs because the complaints came from different members of the same family as the properties were distinct from one another. The police said the complainants have alleged that the arson and looting caused them a loss of articles worth ₹7-10 lakh.

Atir, through his counsel Tara Narula, argued that consecutive FIRs could not be registered for the same offence as doing so would fly in the face of the principles laid down by the Supreme Court, which states that more than one FIR cannot be registered over a single offence.

Delhi Police argued that the properties were distinct and the damages were suffered individually by residents and that the subject matter of each FIR is different from that of the others.

But the court held that even if the properties were different or distinct from one another, they are located in the same compound. It also noted that most of the houses in the compound belong to the same family and were owned by different members of the family. “The entire incident took place when the mob entered the compound and set fire at different places within the same compound. Same truck bearing unique No.926225 came to the spot to douse the fire,” the judge said.