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Delhi High Court · 10 Nov 2010 · 2010:DHC:9670
A. K. Pathak
2010:DHC:9670
criminal petition_allowed

AI Summary

The court quashed an FIR under Sections 308 and 34 IPC as the complainant was no longer interested and could not identify the accused, rendering further investigation futile.

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Present: Mr. Araan Lekhi, Sr. Adv. with Mr. Anil Soni, Mr. Kirti Uppal & Mr. Rajesh Sharma, Advs. for the
Petitioner with petitioner iii person.
Mr. M.P. Singh, APP for the State with SI Arun Dev
Nehra, AEC Crime Branch.
+ Crl.
M.A. No. 17175/2010 (exemption)
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Allowed, subject to all just exceptions.
Application stands disposed of.
Crl. M.C. No. 3499/2010
Petitioner is a lawyer and on his complaint an FIR under
Sections 308/34 IPG was registered. It was alleged in the FIR that one Neeraj had assaulted him by throwing a stone which resulting injury to him. During the investigation, petitioner has failed to provide details of Neeraj, Ajay and Vivek whose names have been mentioned in the FIR. Petitioner is no more interested in pursuing his complaint any further. In fact, he seeks quashing of the FIR, inasmuch as, he has stated that since incident happened at about 4:30 pm he could not properly identify the assailants.
2010:DHC:9670
Keeping in. mind the totality of the circumstances, in my view, no fruitful purpose would be served in continuance of investigation. In the larger interest, I quash the FIR NO. 228/2010 under Sections 308/34 IPG registered at police station Tilak Marg and the consequent proceedings emanating therefrom.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 10, 2010 rb
2010:DHC:9670
JUDGMENT