High Court of DelhiW.P.(CRL)/2927/2016

Jaspal Singh & ORS v. State & ORS

2016-10-04Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2927/2016 JASPAL SINGH & ORS ..... Petitioners Through:

Mr. Sumit Choudhary, Advocate.

versus STATE & ORS ..... Respondents Through:

Ms. Kamna Vohra, ASC along with SI Devender Singh, PS-Hari Nagar, for the State.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 04.10.2016 Crl. M.A. No.15643/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 2927/2016 Issue notice. Ms. Vohra accepts notice on behalf of the State. Respondent No.2 is present in Court and he is identified by the IO. Respondent No.2 is the father and special power of attorney holder of respondent No.3 and he accepts notice on behalf of respondent No.3 as well. The petitioners have preferred the present petition to seek quashing of FIR No.531/2016 dated 03.08.2016 under Section 323/ 324/ 326/ 341/ 34 IPC registered at Police Station - Hari Nagar and the proceedings arising

therefrom. The petition is premised on the compromise arrived by the petitioners with respondent No.2/ complainant. Respondent No.3 was the person injured in the incident. The compromise deed dated 16.08.2016 has been placed on record. The power of attorney executed by the respondent No.3 in favour of the respondent No.2 is also on record. Learned counsel for the petitioner has also produced the original of the Special Power of Attorney for perusal of the Court, which has been seen and returned. Respondent No.3 is presently in United States of America and, therefore, is not personally present. Respondent No.2 states that the parties have resolved their disputes and respondents No.2 & 3 do not wish to pursue their complaint any further.

Looking to the nature of allegations, which disclose sufferance of grievous hurt by sharp weapon to the injured respondent No.3, learned counsel for the petitioners submits that the petitioners are willing to express their remorse by depositing costs as may be determined by this Court. Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are quashed subject to the petitioners depositing Rs.30,000/- with the Prime Minister's National Relief Fund. The said amount be deposited within two weeks and the receipt of payment of costs be tendered to the IO, whereafter the case shall be quashed.

Dasti.

VIPIN SANGHI, J OCTOBER 04, 2016 B.S. Rohella