Amarjeet Dhankar & Ors. v. The State NCT of Delhi & Anr

Delhi High Court · 31 Aug 2017 · 2017:DHC:5013
Vinod Goel
W.P. (Crl.) 2190/2017
2017:DHC:5013
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under multiple IPC sections following an amicable settlement and unconditional apology by the accused, exercising its inherent powers under Section 482 CrPC and Article 226 of the Constitution.

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W.P. (Crl.) 2190/2017 HIGH COURT OF DELHI
W.P.(CRL) 2190/2017
AMARJEET DHANKAR & ORS. ..... Petitioners
Through: Mr. Avtar Singh, Advocate along with petitioners in person.
VERSUS
THE STATE NCT OF DELHI & ANR ..... Respondents
Through: Mr.Ashish Negi, Advocate for Ms.Richa Kapoor, ASC for the State with SI
Satish Yadav, PS Dwarka North, Delhi.
Mr. Shailesh Singh, Advocate for R-2 along with respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL O R D E R 31.08.2017
JUDGMENT

1. Status report has been filed.

2. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short ‘Cr.PC’) for quashing of the FIR bearing No.205/2017, registered on 05.07.2016 against them with Police Station Dwarka North, South West District, Delhi, under Sections 379/356/325/506/34 IPC on the complaint of respondent No.2.

3. As per the allegations, an altercation took place between the respondent no. 2 and the petitioners on 05.07.2017 over the car parking area wherein the petitioners found the respondent no.2 responsible in escaping from an accident by forcefully applying 2017:DHC:5013 W.P. (Crl.) 2190/2017 brakes of their Alto Car No. DL-12-CC-2426.

4. Respondent no. 2 is present in person. He is being represented by his counsel. He is duly identified by the IO SI Satish Yadav.

5. The respondent no. 2 submits that he had amicably settled the matter with the petitioners, who are students. He submits that the petitioners have tendered an unconditional apology to him. The respondent no. 2 submits that in view of the amicable settlement, he does not want to pursue the said FIR. He submits that the said FIR may be quashed.

6. Learned ASC through the IO submits that the charge sheet has so far not been filed.

7. In the facts and circumstances of the case when the respondent no. 2 has amicably settled the matter with the petitioners, who are the students, no purpose would be served in further pursuing the said FIR. Hence, to maintain peace and harmony in the society and to secure ends of justice, the FIR bearing No.205/2017, registered on 05.07.2016 with Police Station Dwarka North, Delhi, under Sections 379/356/325/506/34 IPC and proceedings arising out of the same are hereby quashed.

8. The petition is disposed of accordingly.

9. Order DASTI.