Balraj v. The State

1. The present petitions have been filed by the petitioners under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. praying Inter a/ia for quashing of FIR No.505/2013 registered W.P.(CRL) 1696/2013& W.P.(CRL) 1707/2013 2013:DHC:7520 at the instance of Arun Mathur (respondent No.2 in WP (Cr[1].) No.1696/2013) under Sections 308/34 IPC and for quashing of FIR No.509/2O13 registered at the instance of Balraj (respondent No.2 in WP(Crl.)NO.1707/2013) under Sections 341/323/324/3 4 IPC, both registered at PS Madhu Vihar, Delhi.

2. Counsel for the petitioners states that due to a minor dispute that had occurred at school between Balraj (respondent No.2 in WP(Crl.)NO.1707/2013 and petitioner No. 1 in WP(Crl.)N0.1696/2013) on the one hand and Manish Mathur (petitioner No.2 in WP(Crt.)NO.1707/2013) on the other hand, their brothers, namely, Avtar Singh, (petitioner No. 2 in WP(CrI.)No.1696/2O[3]) and Arun Mathur, (respondent No. 2 in WP(Crl.)NO.1696/20'3 and the Petitioner No. 1 in WP(Crl.) No.1707/2O13) had also got involved, resulting in a serious altercation.

3. Counsel for the petitioners states that Balraj and Manish Mathur are both minors and are studying in the same class in a school.situated in West Vinod Nagar, Delhi, and in case the present FIRs are not quashed, irreparable harm and injury shalt be caused to both of them. He states that Balraj and Manish Mathur have been counselled by their parents and family members and the fathers of both the W.P.(CRL) 1696/2013& W.P(CRL) 1707/2013 parties, who are present in Court, give an assurance that in future, their chfldren shall be careful and shall not enter into any such altercations.

4. Learned ASC for the State submits, on instructions from the 10, that the case is still under investigation. He states that the 10 has verified the antecedents of both the parties and there is no other criminal case pending against them.

5. In view of the young age of the petitioner No.1 in WP(Crl.). No.1696/2013 and the petitioner No.2 in WP(Crl.)NO.1707/2013' the main accused who are school students, and having regard to the fact that their studies shall be disrupted if the proceedings arising out of the subject FIRs are continued, it is deemed appropriate to allow the prayers made in the present petitions. Accordingly, FIR No.505/2O13 in WP(Crl.)NO.1696/201:3 and FIR No.509/2O13 in WP(Crl.)No.1707/23i both registered at PS Madhu Vihar, Delhi, and all the proceedings arising therefrom are quashed, subject, to the S following conditioflS (i) The petitioners in both the cases shall file their affidavits tendering an unqualified apology to each other. They shall additionally undertake therein that they shall maintain good W.P.(CRL) 1696/2013& W.P.(CRL) 1707/2013.. t[4] conduct in future and shall not indulge in any such activities as have been mentioned in the subject FIRs. The fathers of Balraj and Manish Mathur shall also file affidavits Oil the aforesaid lines and undertake that their children shall maintain good conduct in future. The aforesaid affidavits shall be flied within two weeks, with advance copies furnished to the learned ASC for the State;

(ii) The petitioners in WP(Crl.)No.1696120'-3 shall jointly deposit costs of io,OOOI- with the RashtriYa Virjanand Andh Kanya Vidyaiaya Society, M-19, Lajpat Nagar, New Delhi-110024 (iii) The petitioners in WP(Crl.)No.1707/20'3 shall jointly deposit costs of iO,OOO/- vvith the Association of the National Brotherhood for Social Welfare, 21-22, New Rohtak Road, Karol Bagh, New Delhi-110005 and (iv) The aforesaid costs shall be deposited within a period of two weeks and the proof of deposit shall be placed on record with copies furnished to the learned ASC for the State.

6. The petitions are allowed and disposed of. Files be consigned to the record room. F' HIMA KOHLI, J OCTOBER 11, 2013