Gulzari Lal & ORS. v. State Gonct Of Delhi & ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1069/2020 GULZARI LAL & ORS.

..... Petitioners Through:

Mr Saroj Kumar Jha and Ms Meenu Jha, Advocates.

versus STATE GONCT OF DELHI & ANR.

..... Respondents Through:

Ms Richa Kapoor, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.07.2020 [Hearing held through videoconferencing] CRL.M.A. Nos. 9270 & 9271/2020 1.

Exemptions are allowed, subject to all just exceptions. 2.

The applications are disposed of.

W.P.(CRL) 1069/2020 3.

The petitioners have filed the present petition, inter alia, praying that the FIR No. 0157/2019, under Sections 308/323/341/34 of the IPC registered with Police Station Harsh Vihar, North East Delhi and all proceedings emanating therefrom, be quashed.

4.

The said FIR was registered at the instance of respondent no.2 (Mr Amit Kumar). He had stated that marriage of his elder sister was solemnised with one Dhanbeer R/o Gali No. 7, Saboli Gaddha Delhi about one and a half years ago. He claimed that on 11.04.2019, his brother Anil, Naresh and sister-in-law (Lokesh) had gone to the said address to talk to the mother-inlaw and father-in-law of his sister, as she was being treated brutally. He

alleged that on reaching the said residence, his brother-in-law (Ravi) started abusing them and therefore, they dialled 100 to call the police. He stated that while going to the police station, the petitioners restrained their way and attacked him (respondent no.2) with bricks and stones. He stated that his Bhabhi (Lokesh) tried to save him, but she was also attacked. They were taken to the hospital. However, injuries reported are simple. 5.

Respondent no.2 who has joined the present proceedings and is identified by the counsel, states that he and his family members have resolved all the disputes with the petitioners in terms of the settlement deed dated 22.06.2020, which is annexed with the present petition and prays that the FIR in question be quashed.

6.

Respondent no.3 (sister-in-law of respondent no.2), who was reportedly injured, has also joined the proceedings and she also confirms that there are no surviving disputes with the petitioners and joins the petitioners in praying that the FIR in question be quashed. 7.

The petitioners state that they have no grievances against respondent nos. 2 and 3.

8.

Although the said FIR has been registered for an offence punishable under Section 308 of the IPC, it is seen that the injuries are simple and the admittedly, allegation would not survive.

9.

In view of the statements made by the petitioners and respondent nos. 2 and 3, the present petition is allowed and FIR No. 0157/2019, under Sections 308/323/341/34 of the IPC registered with Police Station Harsh

Vihar, North East Delhi and all proceedings emanating therefrom, are quashed.

VIBHU BAKHRU, J JULY 17, 2020 RK