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High Court of DelhiW.P.(CRL)/1345/2020

Sourabh Bhati & ANR. v. The State (NCT Of Delhi) & ANR.

2020-08-31Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1345/2020 SOURABH BHATI & ANR. ..... Petitioners Through : Mr.Suraj Prakash Sharma, Advocate. versus THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through : Mr.Sanjay Lao, ASC for the State. SI Vivek Lamba, PS Shashtri Park.

Mr.Akash Rajwat, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 31.08.2020 1.

The hearing has been conducted through Video Conferencing. Crl.M.A.No.11879/2020 2.

Exemption allowed, subject to all just exceptions. 3.

The application stands disposed of.

W.P.(CRL) 1345/2020 4.

This writ petition is filed for quashing of the FIR No.288/2020 registered at police station Shastri Park, Delhi on 14.06.2020 under Section 308/506/34 IPC.

5.

Issue notice. The Learned ASC for the State is present and accepts notice.

6.

It is submitted by learned counsel for the petitioner, the petitioners/accused persons have settled with complainant/respondent Rohit and his mother Sunita and that they have paid Rs.60,000/- towards medical expenses. It is submitted that simple injuries were caused to the victims and they all being neighbours, their medical expenses have since been paid, they do not intend to continue with the proceedings against the accused SHARMA

persons/respondents.

7.

At this stage, it is submitted by learned ASC that the FIR reveals besides these two accused persons/respondents there were other unknown persons and that statement of complainant be recorded to confirm the complainant do not intend to take any action against such other persons whose names/identity is not disclosed in the FIR. The victim Rohit is present and submits he do not intend take action against those two persons who accompanied the respondents at the time of incident. 8.

Though the petitioner submits the injuries were simple but it is submitted by learned ASC the records show injuries were grievous in nature. However, considering both the parties are neighbours and have settled their dispute, per agreement dated 29.07.2020 and the petitioners having paid the medical expenses, it would be futile exercise to continue with the FIR and hence aforesaid FIR bearing No.288/2020 along with the proceedings emanating from it stands quashed subject to cost of Rs.20,000/- to be paid by the petitioners to the Delhi High Court Legal Services Authority within a week from today.

9.

The petition stands disposed of. Pending application(s) if any, also stands disposed of.

YOGESH KHANNA, J.

AUGUST 31, 2020 VLD/DU SHARMA