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Delhi High Court · 03 Jun 2011 · 2011:DHC:11348
Ajit Bharihoke
Crl.M.C.No.1960/2011
2011:DHC:11348
criminal appeal_dismissed

AI Summary

The court dismissed the petition to quash an FIR under Sections 308/34 IPC on the ground that all victims must be impleaded before quashing can be considered, allowing withdrawal with liberty to file a fresh petition.

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%03.06.2011
Present: Mr.Kailash Chandra, Advocate for the petitioners.
Mr.Sunil Sharma, APP for the State/respondents.
Respondent No.2 in person.
+ Crl.M.A.No.6985/2011 in Crl.M.C.No.1960/2011
Exemption is allowed, subject to all just exceptions.
Application is disposed of.
Crl.M.C.No.1960/2011
Petitioners are seeking quashing of FIR No.138/2011 under Section
308/34 IPG P.S. Alipur on the ground of having arrived at an amicable settlement with the complainant/respondent No.2.
Learned APP opposes the quashing of FIR on the ground that apart from the complainant, there is one other victim in this case Brij Pal who also sustained injuries in the incident. Even, he was medically examined and his
MLC was prepared.
Vj In view of the above, the petitioner seeks to withdraw this petition with liberty to file fresh petition. Liberty to file fresh petition, after impleading other victims as a party, is granted.
Petition is dismissed as withdrawn.
JUNE 03, 2011 ks
(AJIT BHARIHOKE)
JUDGE
2011:DHC:11348
JUDGMENT