Kapil Bakshi & Ors. v. State & Ors.

Delhi High Court · 20 Jul 2011 · 2011:DHC:15522
Mukta Gupta
CRL.M.C. 2242/2011
2011:DHC:15522
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 341, and 34 IPC following an amicable settlement between the parties, holding that continuation of proceedings was not in the interest of justice.

Full Text
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62# $' HIGH COURT OF DELHI
CRL.M.C. 2242/2011
KAPIL BAKSm & ORS. Petitioners
Through: Mr. Nitesh Mehra and Mr. Ankur n Garg, Advocates with Petitioners in
V person.
/•
VERSUS
StATE&ORS. Respondents ^ Through: Mr. Manoj Ohri, APP for the State with HC Surender Kumar and SI
Rajkumar,PS Lajpat Nagar.
Mr. Akshay Sahni, Advocate for the Respondent No. 2 with Respondent
No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/„ 20.07.2011
Crl.
M.A. No. 8135/2011 (Exemption)
/Allowed, subjectto alljust exceptions.
Crl. M.C. 2242/2011 Issue notice.
Learned APP accepts notice onbehalfofthe State.
Learned counsel accepts notice on behalf of Respondent NO. 2/Complainant.
This is a petition for quashing ofFIR No. 502/2007 under Sections
323/34^34 IPG registered at PS Lajpat Nagar^ New Delhi on the complaint
CRL.M.C. 2242/2011 ^
2011:DHC:15522 ofMr. Jasmeet Singh. As per the FIR Jasmeet Singh/Respondent No. 2had alleged that on 27'^ May, 2007 when he was taking his sister from his house to her house, in the street Kapil Bakshi/Petitioner No. 1along with 3-4 other boys was consuming liquor and they were talking in abusive manner. Kapil
Bakshi puffed the smoke of the cigarette towards the Respondent NO. 2/Complainant intentionally. When the Complainant objected to it he abused him. When the Complainant, his sister and children started going ahead, Kapil Bakshi/Petitioner No. 1and his associates stopped them and started beating the Complainant due to which his eye-glasses broke. He was hit by adanda like object. The Complainant/Respondent No. 2was the only injured person in the FIR and no injury was caused to his sister and the children.
The Complainant/Respondent No. 2 Mr. Jasmeet Singh is present is present in person and is identified by his counsel. He states that he has amicably settled the matter with Petitioners with the intervention of the friends and neighbours and he does not want to pursue the abovementioned
FIRandtheproceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences oftheir own free will, volition and without any coercion and no
CRL.M.C. 2242/2011 useful purpose will be served in continuance ofthe proceedings, itwould be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the
FIR.
Consequently, FIR No. 502/2007 under Sections 323/341/34 IPC registered at PS Lajpat Nagar, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
JULY 20, 2011 'vn' ^5 MUKTA GUPTA, J. s
JUDGMENT