Arvind Kumar Kajla v. State of NCT of Delhi

Delhi High Court · 10 Feb 2020 · 2020:DHC:939
Suresh Kumar Kait
CRL.M.C. 564/2020
2020:DHC:939
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR against a government servant who fired a licensed gun in the air after amicable settlement and imposed costs payable to welfare funds.

Full Text
Translation output
CRL.M.C. 564/2020
HIGH COURT OF DELHI
Date of Decision: 10.02.2020
CRL.M.C. 564/2020
ARVIND KUMAR KAJLA ..... Petitioner
Through Mr. Manoranjan Kumar, Adv.
VERSUS
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
Respondent no. 3 in person SI Manoj Kumar, PS NIA
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks direction thereby quashing of FIR No. 56/2020 dated 27.01.2020, registered at Police Station Narela Industrial Area and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State

4. With the consent of the counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:939

5. The present petition is filed on the ground that the parties have settled their disputes and the respondent no. 3 has no objection if the present petition is allowed.

6. Respondent no. 3 is personally present in Court and he has been identified by SI Manoj /IO and submits that matter has been settled and he does not wish to prosecute the matter any further.

7. The petitioner and respondent no. 3 have amicably settled their disputes and to this effect, respondent no.3 has filed affidavit on record dated 29.01.2020 stating therein that he has no objection if present FIR is quashed.

8. Learned APP submits that petitioner, who is government servant, fired his gun in the air and though he had a valid arms license for the said gun, if this Court is inclined to quash the FIR, heavy cost may be imposed on the petitioner.

9. At this stage, learned counsel for petitioner on instructions, has come forward and has agreed to contribute an amount of ₹5,00,000/- for welfare purposes. Accordingly, petitioner is directed to pay an amount of:- (a) Rs.1,00,000/- in favour of Delhi Police Martyrs Fund; (b)Rs.1,00,000/- in favour of Delhi High Court Legal Services Committee

(c) Rs.1,00,000/- in favour of Blind School, Sewa Kutir, Kingsway Camp

(d)₹1, 00,000/- in favour of Nirmal Chhaya, Jail Road, Hari Nagar, New Delhi for destitute women and children. (e) Rs.1,00,000/- in favour of Indian Army Central Welfare Fund.

10. Cost amount shall be paid within four weeks and copy of the same shall be furnished to the IO concerned.

11. IO/SHO is directed to return the arm licence to the petitioner.

12. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioner any further.

13. Accordingly, FIR No. 56/2020 dated 27.01.2020, registered at Police Station Narela Industrial Area and consequent proceedings emanating therefrom are quashed qua the petitioner only.

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14. The petition is allowed and disposed of accordingly.

15. Order dasti under signatures of the Court Master.

JUDGE FEBRUARY 10, 2020 ms