Rizwan Qureshi & ORS v. State Govt Of NCT Of Delhi & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2738/2016 & Crl.M.A. 11715/2016 RIZWAN QURESHI & ORS ..... Petitioners Represented by:

Mr. Vikas Kumar, Advocate.

versus STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Represented by:

Ms. Rajni Gupta, APP with SI Davinder Pal PS Seelampur.

Mr. Aditya Aggarwal, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.10.2016 1.

By the present petition, the petitioners seek quashing of FIR No.58/2010 under Sections 452/341/323/427/506/336/34 IPC and Sections 25 and 27 of the Arms Act registered at Police Station Seelampur on the ground that the parties have settled the matter. 2.

The allegations in the FIR are that on 8.3.2010, the complainant was informed by the neighbour that 10-12 boys were beating her son Imtiaz. So, she went with her husband to the place of incident and when they tried to intervene in the matter, the boys started beating them also. After the fight, from the spot itself, four cartridges were recovered. 3.

It is well settled that FIR is not a complete encyclopaedia of the prosecution case. During the course of investigation firearms were found to be used thus SectionS 25 and 27 of the Arms Act were invoked. For CRL.M.C. 2738/2016

offences punishable under Section 25 and 27 of the Arms Act, the Statute provides for a minimum punishment and the offences being serious in nature the same cannot be compounded on the basis of compromise between the parties.

4.

In view of the offences invoked being serious in nature, the abovenoted FIR cannot be quashed in view of the decision 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 and application are dismissed.

MUKTA GUPTA, J.

OCTOBER 24, 2016 'AA'

CRL.M.C. 2738/2016