Ratan Das v. State & ORS.

31# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 558/2017 RATAN DAS ..... Petitioner Represented by:

Mr. Mohd. Shariq and Mr.

Mohd Anas, Advocates.

versus STATE & ORS.

..... Respondents Represented by:

Mr. Ravi Nayak, APP for the State with SI Hawa Singh, PS Madhu Vihar.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.02.2017 1.

By this petition, the petitioner seeks quashing of FIR No.544/2016 under Section 307 IPC registered at PS Madhu Vihar, Delhi on the complaint of Sagar Shree and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

The petitioner is in judicial custody since 29th October, 2016 in the above noted FIR.

3.

As per the FIR in question the allegations of the complainant are that he was residing with his friend on rent. On the fateful day Ratan Das the petitioner herein and his uncle came to their room. They were all consuming liquor. In the meantime, his friend Ravi came and started beating the petitioner asked him as to why he was talking to Anu. The complainant and his uncle sought to separate the two of them. Both Ravi CRL.M.C. 558/2017

and Ratan Das threatened to kill each other. Ratan Das lifted Ravi and threw him down. The victim was thrown on the roof of another house from the 5th floor resulting in injuries to him.

4.

Considering the allegations against the petitioner and the seriousness of the offence, the above noted FIR cannot be quashed as per the decisions of the Supreme Court reported as 2012 (9) Scale 257: 2012 (10) SCC 303 Gian Singh Vs. State of Punjab & Anr. and (2014) 6 SCC 466 Narinder Singh and Ors.vs. State of Punjab and Anr.

5.

Petition is dismissed.

MUKTA GUPTA, J.

FEBRUARY 10, 2017 'vn'

CRL.M.C. 558/2017