Farman Khan v. State & ANR.

$~82 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 476/2020 FARMAN KHAN ..... Petitioner Through:

Mr Shaad Anwar and Ms Shabnam, Advocates.

versus STATE & ANR.

..... Respondents Through:

Mr Karan Jeet Rai Sharma, Advocate for Mr Sanjay Lao, ASC for State.

ASI Om Prakash, PS

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.02.2020 CRL.M.A. 3577/2020 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 476/2020 3.

The petitioner has filed the present petition, inter alia, praying that FIR bearing no. 0219/2018 under Section 308 of the IPC registered with PS Khajuri Khas and all proceedings emanating therefrom, be quashed. 4.

The present petition is premised on the basis that the petitioner and the victim (respondent no.2) have settled their disputes. Respondent no.2 is stated to be paternal aunt of the petitioner. According to the prosecution, the injuries suffered by respondent no.2 are grievous. 5.

Considering the nature of the offence, this Court is not persuaded to accept that the FIR in question be quashed.

6.

The learned counsel appearing for the petitioner states that the petitioner's age, at the material time, was fifteen years. 7.

The age of the petitioner would be considered by the concerned court and if he is found to be minor, he shall be tried by the Juvenile Justice Board, in accordance with law.

8.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J FEBRUARY 17, 2020 RK