High Court of DelhiW.P.(CRL)/3046/2016

Narender Tyagi @ Amit v. State (Govt Of NCT Of Delhi) & ORS

2016-11-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3046/2016 NARENDER TYAGI @ AMIT& ANR.

..... Petitioners Through :Mr.

Sourabh Tyagi, Adv.

with petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ORS.

..... Respondents Through :Mr. Ashish Aggarwal, ASC with SI Robin Singh, P.S. Burari, Delhi for respondent no. 1 Mr.

Sarvesh Tyagi, Adv.

with respondent nos. 2 and 3

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.11.2016 FIR No. 488/2016 under Section 336 IPC was registered at Police Station Burari on the complaint of respondent no. 3. Later on, Sections 25/27/54/59 of the Arms Act were added. Respondent no. 2 is brother of respondent no. 3.

It is alleged in the FIR that petitioners had threatened them and fired thrice in air by a pistol type weapon. However, during the investigation, neither empty shells of the fired bullets were recovered from the spot nor any pistol has been recovered till date. Petitioners and respondent nos. 2 and 3 are known to each other. They have settled their

disputes with the intervention of their common friends vide Compromise Deed dated 6th October, 2016. A perusal of Compromise Deed shows that proceeding under Section 138 of the Negotiable Instruments Act, 1881 were also pending between the petitioner no. 1 and respondent no. 2. Respondent nos. 2 and 3 are present in Court and have been identified by SI Robin Singh, P.S. Burari, who submit that they have settled the matter with the petitioners on their own free will and without any undue force, coercion and pressure and that they do not wish to pursue the FIR any further. Keeping in mind the fact that parties are known to each other, a quarrel took place on some trivial matter and they have settled the matter, no fruitful purpose would be served to keep them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 488/2016 under Section 336 IPC and Sections 25/27/54/59 of the Arms Act registered at Police Station Burari, which is at the investigation stage, is quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 11, 2016 rb