Sachin Kumar v. State (Govt Of NCT Of Delhi) & ORS

$~50 & 58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 605/2017 & Crl.M.A.3395/2017 SACHIN KUMAR ..... Petitioner Through :

Mr.

Vishal Ranjan, Adv.

with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through :

Mr. Sanjay Lao, ASC for R-1 & 2 with SI Rohit Kumar PS Mauris Nagar.

Respondent no.3 in person.

AND + W.P.(CRL) 596/2017 & Crl.M.A.3283/2017 AMIT DOGRA ..... Petitioner Through :

Mr.

Kartikeya Singh, Adv.

with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through :

Mr. Sanjay Lao, ASC for R-1 & 2 with SI Rohit Kumar PS Mauris Nagar.

Respondent no.3 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.02.2017 Crl.M.A.3395/2017 (Exemption) in W.P.(CRL) 605/2017 Crl.M.A.3283/2017 (Exemption) in W.P.(CRL) 596/2017 Allowed, subject to all just exceptions.

Applications are disposed of.

W.P.(CRL) 605/2017 & W.P.(CRL) 596/2017 By these writ petitions, it has been prayed that the following two cross FIRs may be quashed in view of the settlement arrived at between accused and complainant. Details of the FIRs are as under:- (a) FIR No.196/2014 under Sections 323/341/147/149 IPC registered at police station Maurice Nagar on the complaint of Amit Dogra. (b)FIR No.197/2014 under Sections 147/149/323/341 IPC registered at police station Maurice Nagar on the complaint of Sachin Kumar. It is submitted that Sachin Kumar and Amit Dogra have settled their disputes amicably vide two separate Memorandums of Understanding. It is submitted that Sachin Kumar and Amit Dogra were studying in the Hindu College at the relevant time when the incident occurred, which led to the registration of the aforesaid cross FIRs. Sachin Kumar and Amit Dogra are present in Court and have been identified by SI Rohit Kumar PS Maurice Nagar.

They submit that they have settled the matter without any undue force, pressure or coercion and do not wish to pursue their respective FIRs any further. Learned Additional Standing Counsel submits that some other students have also been named in the FIRs as assailants. Sachin Kumar and Amit Dogra submit that except the names, they are not aware of any other

detail, including the addresses, of these students. SI Rohit Kumar also submits that these students could not be identified as Sachin Kumar and Amit Dogra have failed to give their details except their names. FIRs were registered in the year 2014 and more than two and a half years have gone by since then but the other boys could not be identified. Sachin Kumar and Amit Dogra submit that they are not willing to pursue the FIRs against the persons named in the FIRs as well and FIRs may be quashed as a whole. Keeping in mind that FIRs are the outcome of a quarrel between two groups and that the complainants and main accused in the FIRs have settled the matter amicably and are not willing to pursue the FIRs any further, I am of the view that no fruitful purpose would be served to keep the FIRs pending. Accordingly, both the above noted FIRs are quashed. Petitions are disposed of in the above terms. A.K. PATHAK, J.

FEBRUARY 27, 2017/dk