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High Court of DelhiW.P.(CRL)/437/2019

Devender & ORS v. State (Govt Of NCT Of Delhi) & ANR

2019-02-11Hon'Ble Ms. Justice Mukta Gupta2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 437/2019 DEVENDER & ORS ..... Petitioner Represented by:

Mr. Chirag Mudgal, Advocate.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Nandita Rao, ASC with SI Yadram Yadav, PS Moti Nagar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.02.2019 Crl.M.A. No. 3085/2019 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 437/2019 By this petition, the petitioners seek quashing of FIR No. 478/2018 under Sections 323/365/342/34 IPC registered at PS Moti Nagar on the complaint of respondent No. 2 and the proceedings pursuant thereto on the ground that parties have settled the matter.

Learned ASC for the State submits that the allegations of the complainant and his associate were that they were driving the truck and the petitioners were in their XUV Mahindra which was over taking resulting in a collision between the truck and the XUV Mahindra whereafter the petitioners got down, assaulted the complainant and his associate and kept them in confinement from 2.00 A.M. midnight to 2:30 P.M. W.P.(CRL) 437/2019

Considering the conduct of the petitioners and the seriousness of offence, this Court finds no ground to quash the FIR on the basis of settlement arrived at between the parties.

Petition is dismissed.

MUKTA GUPTA, J.

FEBRUARY 11, 2019 'yo'

W.P.(CRL) 437/2019