Delhi High Court - Orders
Rahil @ Avinash & Anr vs The State Of Nct Of Delhi & Anr on 25 October, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1440/2021
RAHIL @ AVINASH & ANR. ..... Petitioners
Represented by: Mr Avtar Singh, Advocate.
versus
THE STATE OF NCT OF DELHI & ANR. ..... Respondents
Represented by: Ms Nandita Rao, ASC for the State
with SI S.P. Samaria, PS Sagar Pur.
Mr Gurbaksh Singh, Advocate for R-
2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 25.10.2021 The hearing has been conducted through physical mode.
1. By this petition, the petitioners seek quashing of FIR No.207/2019 under Sections 324/34 IPC registered at PS Sagar Pur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
2. Learned Standing Counsel for the State accepts notice and submits, on instructions, that in the above noted FIR, the two petitioners are the accused and the respondent No.2 is the complainant/victim and no other person is involved.
3. In the above noted FIR, the respondent no.2 alleged that on 21st March, 2019, Tony, the petitioner No. 2 herein was in an intoxicated condition when he quarrelled with him. On 24 th April, 2019, when the Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:26.10.2021 16:28:28 W.P.(CRL.) 1440/2021 Page 1 of 3 complainant was standing near Brahampuri Naala, Rahil called him, on which the complainant stated that he had gone to buy a cake for his mother and was near the drain. On this, Tony and Rahil @ Avinash came there. Their mother was also with them. They started abusing him and when the complainant stopped them from doing so. Tony gave a blow by an iron rod and Rahil hit him on his face by a blade, whereafter both of them ran away.
4. During the pendency of investigation, since other cross-cases were also filed, parties have entered into a holistic Memorandum of Understanding dated 12th July, 2021, copy whereof is annexed as Annexure B to the present petition.
5. Respondent No.2 is present in Court physically and is identified by the learned counsel and the Investigating Officer. He states that he has settled the matter with the petitioners as they are neighbours and in terms of the settlement, he does not wish to pursue the above noted FIR and the proceedings pursuant thereto.
6. Petitioners, who are present in Court physically and are identified by the learned counsel affirm the statement of respondent No. 2 and undertake to abide by the terms of settlement arrived at between the parties. They further assure that no such misbehaviour will take place in future. To show remorse, they undertake to deposit cost.
7. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:26.10.2021 16:28:28 W.P.(CRL.) 1440/2021 Page 2 of 3 pursuant thereto. There is no legal impediment in quashing the FIR in question.
8. Consequently, FIR No.0207/2019 under Sections 324/34 IPC registered at PS Sagar Pur, Delhi and the proceedings pursuant thereto are hereby quashed subject to the petitioners' depositing a cost of ₹1000/- each or a consolidated cost of ₹2,000/- with the Delhi High Court Advocates' Welfare Trust within four weeks.
9. Petition is disposed of.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J OCTOBER 25, 2021 MK Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:26.10.2021 16:28:28 W.P.(CRL.) 1440/2021 Page 3 of 3