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High Court of DelhiCRL.M.C./1905/2025

Ritik Harsh And ORS v. The State Govt. Of NCT Of Delhi And Arn.

2025-08-18Hon'Ble Mr. Justice Amit Mahajan2 pages

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1905/2025 & CRL.M.A. 8598/2025 RITIK HARSH AND ORS .....Petitioners Through:

Mr.

Gautam Kumar, Mr. Mantosh Kumar & Mr. Rahul Kumar, Advs.

Ms. Rekha in person versus THE STATE GOVT. OF NCT OF DELHI AND ARN.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State SI Sumit Singh, PS- DBG Road R2 in person

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 18.08.2025 1.

The present petition is filed seeking quashing of FIR No. 504/2023 ('FIR') dated 22.06.2023, registered at Police Station D.B.G. Road for offences under Sections 307/120B/34 of the Indian Penal Code, 1860 and Sections 25/27 of the Arms Act, 1959.

2.

The FIR was registered on a complaint given by Respondent No. 2. It is alleged that on 22.06.2023, when Respondent No. 2, stated to be an E-Rickshaw driver, was standing to take customers, he had a quarrel with Petitioner No.

3. Thereafter, Petitioner No. 3 along with his companions being Petitioner Nos. 1-2, 4 gave beatings to Respondent No. 2. It is alleged that in the midst of the scuffle, Petitioner No. 3 took out a pistol and fired at Respondent No. 2, however, Respondent No. 2 managed to dodge the bullet, and the said bullet hit Petitioner No. 4. The same led to the registration of the FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 11:54:50

3.

During the course of the investigation, the police recovered the said firearm which is stated to have been illegally possessed by the accused persons. It is also not in dispute that one of the accused persons also received a gunshot injury. 4.

The present petition is filed on the ground that the parties have settled the disputes by Memorandum of Settlement dated 29.01.2025.

5.

On being pointedly asked, it is informed that the victim in his deposition before the learned Trial Court has supported the case of the prosecution.

6.

Undisputedly, the offence under Section 307 of the IPC is heinous in nature and involves mental depravity. Offences of such nature cannot be quashed merely because the victim has settled the dispute. Such offences, in true sense, cannot be said to be offences in personam as the same are crimes against the society.

7.

Considering the gravity of the offence, in the opinion of this Court, an offence cannot be put to rest only because the parties have settled the dispute. Serious allegations have been made against the petitioners. The accused persons had used an illegal arm with the intent to cause injury. The allegations have also been duly supported with the deposition of the victim. In such circumstances, considering the seriousness of the offence, this Court does not deem it apposite to quash the FIR merely because the victim has settled the dispute with the accused persons.

8.

The present petition is accordingly dismissed. AMIT MAHAJAN, J AUGUST 18, 2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 11:54:50