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$-33 HIGH COURT OF DELHI
CRL.M.C. 1388/2011
AMIT @ AMMU & ORS. Petitioner
Through Mr. Ajay Rai, Advocate with petitioners in person
CRL.M.C. 1388/2011
AMIT @ AMMU & ORS. Petitioner
Through Mr. Ajay Rai, Advocate with petitioners in person
VERSUS
STATE NOT OF DELHI & ORS. Respondent
Through Mr. Manoj Ohri, APP for the State along with Inspr. O.P. Sharma, P.S.
Ambedkar Nagar Respondent Nos. 2 and 3 in person.
Through Mr. Manoj Ohri, APP for the State along with Inspr. O.P. Sharma, P.S.
Ambedkar Nagar Respondent Nos. 2 and 3 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
12.08.2011 By this petition, the Petitioner seeks quashing of the FIR No. 28/2010 under Section 308/34 IPG. registered at Police Station Ambedkar Nagar on the complaint ofRespondent No.2.
The allegations as set out in the complaint by Respondent No.2 are that on 27"^ January, 2010 while he was standing with his friend Amn
Kumar in front of Juice shop, three boys i.e. Petitioners herein along with others boys came and assaulted them with danda resulting in injury to them.
The other boys have not been identified. Pursuant to the investigation, a charge sheet has been filed wherein only the Petitioners have been named as accused.
2011:DHC:9250 Respondent Nos.2 and.3 i.e. the complainant and the injured are present in
Court and have been duly identified by the Investigating Officer, Inspector
O.P. Sharma, Police Station Ambedlcar Nagar. They state that they have settled the matter with the Petitioners on the intervention of common friends and neighbours and they do not want to pursue the above mentioned FIR and the proceedings pursuant thereto.
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 pursuant thereto.
Consequently, FIR No. 28/2010 under Section 308/34 IPC registered at Police Station Ambedkar Nagar and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in aclmowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
^ MUKTA GUPTA,J AUGUST 12,2011 o ^ 'b' \ U ^ . I / r' /! .SU-a
2011:DHC:9250
12.08.2011 By this petition, the Petitioner seeks quashing of the FIR No. 28/2010 under Section 308/34 IPG. registered at Police Station Ambedkar Nagar on the complaint ofRespondent No.2.
The allegations as set out in the complaint by Respondent No.2 are that on 27"^ January, 2010 while he was standing with his friend Amn
Kumar in front of Juice shop, three boys i.e. Petitioners herein along with others boys came and assaulted them with danda resulting in injury to them.
The other boys have not been identified. Pursuant to the investigation, a charge sheet has been filed wherein only the Petitioners have been named as accused.
2011:DHC:9250 Respondent Nos.2 and.3 i.e. the complainant and the injured are present in
Court and have been duly identified by the Investigating Officer, Inspector
O.P. Sharma, Police Station Ambedlcar Nagar. They state that they have settled the matter with the Petitioners on the intervention of common friends and neighbours and they do not want to pursue the above mentioned FIR and the proceedings pursuant thereto.
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 pursuant thereto.
Consequently, FIR No. 28/2010 under Section 308/34 IPC registered at Police Station Ambedkar Nagar and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in aclmowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
^ MUKTA GUPTA,J AUGUST 12,2011 o ^ 'b' \ U ^ . I / r' /! .SU-a
2011:DHC:9250
JUDGMENT