Sh Ajahar & ORS. v. The State & ANR.
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1320/2020 and CRL.M.A. 11640/2020 SH AJAHAR & ORS.
..... Petitioners Through Mr Mohd Asif, Advocate.
versus THE STATE & ANR.
..... Respondents Through Mr Rahul Mehra, Standing Counsel for State
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 02.09.2020 [Hearing held through video conferencing] 1.
The petitioners have filed the present petition, inter alia, praying that the FIR No. 388/2019 under Sections 354/354-A/365/506/509/511/34 of the IPC registered with PS Amar Colony and all proceedings emanating therefrom, be quashed.
2.
The said FIR was registered at the instance of respondent no.2. She had reported that on 16.12.2019 at about 9.30 p.m. she had noticed that the petitioners were consuming alcohol sitting in a vehicle. She alleged that they were misbehaving with some women of the locality. She further alleged that when she objected to their bad conduct they misbehaved with her as well. They caught hold her hand and dragged her. She stated that she raised alarm and on hearing the same, the people from the locality collected at the spot
and beat the three boys. Petitioner nos. 1 and 2 were apprehended at the spot and petitioner no. 3 managed to flee from the spot. 3.
Respondent no. 2 is present in Court and is identified by the IO. She states that the petitioners reside in her neighbourhood and they have since resolved all their disputes. She joins the petitioners in praying that the FIR in question be quashed. The petitioners have also joined the proceedings and are identified by their counsel.
4.
The petitioners have expressed their remorse in regard to the incident in question (relating to the filing of the FIR in question). They further volunteer to pay a sum of ₹25,000/- each to Delhi High Court Legal Services Committee and undertake that they shall deposit the same within a period of two weeks from today.
5.
Considering the statements made by the concerned parties (the petitioners and respondent no.2) and the undertaking given by the petitioners to pay a sum of ₹25,000/- each to Delhi High Court Legal Services Committee as costs, this Court considers it apposite to allow the present petition. Subject to the petitioners complying with their undertaking as recorded above, the FIR No. 388/2019 under Sections 354/354A/365/506/509/511/34 of the IPC registered with PS Amar Colony and all proceedings emanating therefrom, are quashed. 6.
Subject to the petitioners complying with their undertaking and filing a proof of depositing the amount of ₹25,000/- each as recorded above, the case property seized by the police officials shall also be released to the petitioners provided the same is not required in any other case.
7.
The petition is allowed in the aforesaid terms. The pending application is also disposed of.
VIBHU BAKHRU, J SEPTEMBER 2, 2020 pkv