Shiv Kumar v. State & ANR

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2424/2019 SHIV KUMAR ..... Petitioner Through:

Mr Siddharth Pandit and Ms Aradhana Pandit, Advocates along with petitioner in person.

versus STATE & ANR ..... Respondents Through:

SI Rajeshwar, PS Palam Village.

Mr Chaitanya Bansal and Ms Shivani Sharma, Advocates for Ms Richa Kapoor, ASC for State.

Mr Atul Bansal, Advocate along with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.10.2019 1.

The petitioner has filed the present petition, inter alia, praying that FIR bearing no. 356/2019 under Section 325 of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and proceedings emanating therefrom, be quashed.

2.

The said FIR was registered at the instance of one AG (name withheld for avoiding any ignominy). AG is a minor and is a student of the XIth standard. The petitioner is one of the teachers teaching in the school where AG is enrolled. The allegations against the petitioner is that he had beaten AG resulting in him losing some of his teeth. It was alleged that the petitioner had hit AG with his fists. The present petition is predicated on a settlement arrived at between the petitioner and AG and his family.

3.

AG (the complainant) is present in Court and is accompanied by his father.

They are identified by the Investigating Officer. This Court has interacted with AG. He now states that the petitioner did not hit him with his fists, but was slapped by the petitioner. He states that he lost some of his milk teeth, which were loose. The complainant and his father also request this Court that FIR in question be quashed.

4.

The petitioner is present in Court and is identified by his counsel. He further undertakes before this Court that he shall ensure that he does not inflict corporal punishment on his students. He is warned that if any such complaint is reported in the future, a serious view would be taken in this regard.

5.

This Court considers that ends of justice would be served in quashing the FIR in question. Accordingly, FIR bearing no. 356/2019 under Section 325 of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and all proceedings emanating therefrom, are quashed. 6.

The concerned parties (petitioner and respondent on.2) shall sign this order as an acknowledgement of their statements recorded herein. VIBHU BAKHRU, J OCTOBER 17, 2019 RK