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High Court of DelhiW.P.(CRL)/3058/2016

Shabnam v. State (NCT Of Delhi) & ANR.

2016-10-21Hon'Ble Mr. Justice A.K. Pathak2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3058/2016 SHABNAM ..... Petitioner Through :

Mr.

Vijay Kinger, Adv.

with petitioner in person.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through :

Mr. Avi Singh, ASC with ASI Bhola Ram PS Harsh Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 21.10.2016 Crl.M.A.16381/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 3058/2016 Petitioner is neighbour of respondent no.2. It is alleged that she had thrown four years old child of respondent no.2 in a drain. The injuries suffered by child are simple in nature, that is, aberration on the hand. Information was sent by constable Atul to PCR and pursuant thereof FIR was registered. A perusal of FIR shows that petitioner was apprehended at the spot itself.

It is further noted in the FIR that no eye witness was

available. Be that as it may, merits and demerits of the case have not to be gone into in this writ petition which is only for quashing of FIR in view of compromise arrived at between petitioner and respondent no.2. Since neighbours have settled their disputes without any undue pressure, coercion and with free consent, the FIR No.259/2016 under Section 307 IPC registered at police station Harsh Vihar, which is at the initial investigation stage, is quashed.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

OCTOBER 21, 2016/dk