Amit Kumar & ANR v. The State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 662/2020 AMIT KUMAR & ANR ..... Petitioners Through:

Mr Dinesh Kumar Masant, Advocate.

Versus

THE STATE & ORS ..... Respondents Through:

Mr Rajesh Mahajan, ASC for State with Ms Shrutika Vedi and Ms Jyoti Babbar, Advocates.

Mr Sandeep Bhalla, Advocate for R-2 & 3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.03.2020 CRL.M.A. 5059/2020 1.

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

The application stands disposed of.

W.P.(CRL) 662/2020 3.

The petitioners have filed the present petition, inter alia, praying that FIR bearing no. 0038/2019 under Sections 324/34 of the IPC registered with PS Bara Hindu Rao and all proceedings emanating therefrom, be quashed.

4.

The said FIR was registered at the instance of respondent no.3. Respondent no. 3 is present in Court and is identified by the Investigating Officer. He states that he has resolved all his disputes with the petitioners. He states that the FIR in question was lodged on account of a scuffle that had turned into fight. He states that he is well acquainted with the petitioners and does not wish to pursue the FIR in question. 5.

Respondent no.2 was hurt in the said scuffle and he is present in Court and is identified by the Investigating Officer. He also joins the petitioners in praying that the FIR in question be quashed and confirms that the disputes between the parties have been settled.

6.

The petitioners are present in Court and are identified by their counsel. The petitioners state that they truly regret their action and volunteer that they shall deposit a sum of ₹2,500/- each with the Delhi High Court Legal Services Committee (DHCLSC) within a period of four weeks from today.

7.

In view of the above, this Court considers it apposite to allow the present petition.

Accordingly, FIR bearing no. 0038/2019 under Sections 324/34 of the IPC registered with PS Bara Hindu Rao and all proceedings emanating therefrom, are quashed.

8.

This is subject to the petitioners depositing the sum of ₹2,500/- each with DHCLSC within a period of four weeks from today and filing proof of such deposit with the Registry of this Court. 9.

The Registry is directed to list the present petition in the event the

proof of deposit of the costs is not filed within the aforesaid period. 10.

The concerned parties (petitioners and respondent nos. 2 and 3) shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J MARCH 13, 2020 RK