Anurabh Chaudhary & Ors. v. State

1. This is a joint petition filed by the petitioners for quashing of an FIR no. 119/2009, u/S 147/148/149/323/506 IPG registered by P.S. Maurice Nagar and the consequent proceedings which are pending before the Ilaka Magistrate.

2. It has been contended by the learned counsel for the petitioners that two accused persons were named in the FIR but after investigation the charge sheet was filed against six accused persons.

3. Against the accused, namely Abhishek Chauhan and Kumar Saurav, this Court vide WP(Crl.) no. 148/2011 had quashed the aforesaid FIR and the consequent charge sheet. A copy of the order has been handed over in Court.

4. I have perused the contents of the said order. The remaining four co-accused have filed the present petition for quashing of the 2011:DHC:10459 proceedings initiated by the petitioner no.5 who happens to be the Warden of Ramjas College on whose complaint, the aforesaid FIR was registered.

5. The petitioners are the students of Delhi University and are alleged to have formed an unlawful assembly and caused damage to the public property apart from inflicting simple hurt and intimidating the complainant. The complainant has stated that he has compromised with the accused persons, therefore, the present petition has been filed by all of them jointly for the purpose of quashing of the aforesaid FIR and consequent proceedings.

6. I have heard the learned counsel for the petitioners as well as the complainant/petitioner no.5 in person. Keeping in view the fact that the petitioners are the students and conviction in the aforesaid offence will permanently debar them from taking any Government job, I feel that the interest of justice warrants that the FIR and the consequent charge sheet pending in the Court of Ilaka Magistrate be quashed qua them. The Court has been persuaded to follow this course because they have shown their repentance for their behaviour.

7. Keeping in view the facts and circumstances of the case, the aforesaid FIR no. 119/2009, u/S 147/148/149/323/506 IPC registered by P.S. Maurice Nagar and the consequent proceedings which are pending before the Ilaka Magistrate are quashed, subject to their having deposited a sum of ?5,000/- each by way of cost in the Delhi High Court Legal Services Committee. MAY 25, 2011 RN V.K. SHALI,J