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HIGH COURT OF DELHI
Date of Decision: 26.02.2021
HAMMAD KHAN (MINOR) & ORS. ..... Petitioners
Through: Mr. Noor Alam, Advocate with petitioners
Through: Mr. Pannal Lal Sharma, Additional Public Prosecutor for respondent
No.1/State with SI Shailendra Kumar Singh Mr. Noor Alam, Advocate with respondent No.2 in person
JUDGMENT
1. Vide this petition, quashing of FIR No. 51/2021, registered at police station Jamia Nagar, Delhi for the offences under Section 395 IPC is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for respondent No.1/State accepts notice. He has opposed this petition on 2021:DHC:738 the ground that the FIR has recently been registered and there are eight accused persons, out of which four accused are minor and that investigation is in progress.
4. With the consent of learned counsel for the parties, the present petition is taken up for final hearing and disposal.
5. Learned counsel for petitioners submits that in this petition, he is appearing on behalf of complainant as well. He further submits that the complainant and petitioners are living in the same area and due to some misunderstanding a quarrel took place amongst the children, which resulted into registration of FIR in question.
6. Learned counsel for petitioners further submits that all petitioners are minor and except petitioner No.2, all the petitioners were apprehended and sent to Observation Homes. Learned counsel next submits that the complainant of FIR in question, who is a minor, is present in the Court with his father and parents of petitioners are also present in the Court.
7. Both the sides have prayed before this Court that the parties to this petition are minor and for their better future prospects, a lenient view be taken and the FIR in question be quashed.
8. Keeping in view that the dispute between the parties has been amicably resolved and also the fact that the parties involved are minor and living in the same area, therefore, to restore cordiality and better future prospects, this Court is inclined to quash the FIR in question.
9. Accordingly, FIR No. 51/2021, registered at police station Jamia Nagar, Delhi and proceedings emanating therefrom are hereby quashed.
10. The petition and pending application are accordingly disposed of.
JUDGE FEBRUARY 26, 2021 r