Shri Jagdeep Singh v. The Sate (NCT Of Delhi) & ANR
$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1950/2018 & CRL.M.A. 6921/2018 SHRI JAGDEEP SINGH ..... Petitioner Through Ms.
Surabhi Arora, Adv.
with petitioner in person.
versus ..... Respondent Through Mr. Kewal Singh Ahuja, APP for State ASI Surinder Dutt PS Hari Nagar.
R2 in person.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 17.04.2018 Vide the present petition, the petitioner Jagdeep Singh seeks quashing of the FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860 which on a perusal of the submissions made in FIR is indicated to be under Section 506 Part-I of the Indian Penal Code, 1860 all of which offences are compoundable. The Investigating Officer of the case has identified the petitioner as being the accused of the FIR in question and has also identified the respondent no. 2 as being the complainant thereof. The respondent no.2 in his examination on oath by the Court has testified to having sworn his affidavit annexed to the petition as Ex.CW2/A and has testified that the matter has been settled between him and the respondent no. 2 and submits that he does not oppose the prayer made by the
petitioner seeking quashing of the FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860 nor does he want the petitioner to be punished in relation thereto. Learned APP for the State submits that in the circumstances of the case, there is no opposition to the prayer made by the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
Taking into the account of the settlement arrived at between the parties and the factum that the offences punishable under Sections 323/341/506 of the Indian Penal Code, 1860 are compoundable with the permission of the Court. It is considered appropriate to allow the prayer made by the petitioner seeking quashing of FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860 and all the consequential proceedings emanating therefrom against the petitioner. In view thereof the FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860 and all the consequential proceedings emanating therefrom against the petitioner Jagdeep Singh are quashed.
The petition is disposed of.
SHRI JAGDEEP SINGH versus Statement of CW1 : ASI Surinder Dutt PS Hari Nagar, Delhi. ON S.A.
I identify the petitioner Jagdeep Singh as being the person named in the FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860. I also identify the respondent no. 2 as being the complainant as per the said FIR. There are no other persons accused and no other victim named in the said FIR. The petitioner has produced the identity car of the Legislative Assembly copy thereof be filed on record. The proof of identity of the respondent no. 2 is on record in the form of photocopy of his Aadar Card produced by him as Ex.CW1/A (original seen and returned).
RO & AC
SHRI JAGDEEP SINGH versus Statement of CW2 : Mohit Aggarwal s/o Sh. Vijender Aggarwal, aged 37 years r/o H. No. 6, Maksoodabad Extension Colony, Najafgarh, New Delhi.
ON S.A.
My affidavit annexed to the petition bears my signature thereon at points-A and B on Ex.CW2/A. I do not oppose the prayer made by the petitioner seeking quashing of the FIR No. 426/16, registered at PS Hari Nagar, under Section 323/341/506 of the Indian Penal Code, 1860 nor I do want the petitioner to be punished in relation thereto in view of the settlement arrived at between me and the petitioner. I have studied till standard 12th and I do a private job. I have made this statement voluntarily of my own accord without any duress, pressure or coercion from any quarter. RO & AC