MOOL CHAND GARG, J.

1. This common order shall dispose of the aforesaid two petitions filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India registered as Crl.M.C.No. 2344/2004 and Crl.M.C.No.354/2005 respectively, both arising out of the same incident which occurred around the midnight of 31.8.2000 /01.09.2000, seeking quashing of:

(i) FIR bearing No. 628/2000 under Section 302/307 IPC registered at P.S. Shalimar Bagh against Shri Brij Bhushan the petitioner in Crl.M.C. No. 2344/2004 (hereinafter referred to as the Custom Officer) and

(ii) FIR bearing No. 295/2000 under Sections 186/353/332/364/365/506/34 IPC read with Section 27 of the Arms Act registered at P.S. Karol Bagh New Delhi against Shri Vikas Thukral and others (hereinafter referred to as Thukrals) petitioners in Crl.M.C. No. 354/2005 at the instance of the Custom Officer as well as the proceedings arising therefrom respectively.

2. Brief facts, giving rise to filing of FIR No. 628/2000 registered at the instance of Shri Vikas Thukral are:

(i) That on 31.08.2000 at about 9.30 – 10.00 PM, Vikas Thukral was getting a truck unloaded consisting of plastic wheel covers with valid