Azahrudin Ali @ Ajju v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1921/2015 AZAHRUDIN ALI @ AJJU ..... Petitioner Through:

Mr.J.A.Chaudhary, Advocate.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr.Rajesh Mahajan, ASC.

SI Govind Singh, P.S.Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 23.11.2015 The petitioner seeks quashing of the first information report No.714/2015 (P.S.Uttam Nagar) instituted for the offence under Section 324/34 of the IPC.

It has been alleged against the petitioner that he inflicted knife injury on the back of respondent No.2 while he was going on motorcycle to fetch medicines for his ailing wife.

During the course of investigation, MLC of respondent No.2 was collected by the police, which reflects that the nature of injury was simple caused by a sharp weapon.

The first information report does not reflect as to what was the reason for the alleged assault on respondent No.2. It has only been stated in the FIR that the petitioner along with his associates had come prepared in the night to indulge in a fight with the respondent No.2. In the first instance, the

respondent No.2 was allowed to go but while he was moving on his two wheeler, he was attacked from behind.

From the averments made in the first information report, it would appear that there would have been some cause of altercation between the petitioner and the respondent No.2. For what reason the aforesaid assault took place and why that information was held back is unknown to this Court.

Be that as it may, the parties have settled their differences. The respondent No.2 is present in person. He sells fish in the market whereas the petitioner has no permanent job and earns his livelihood by sundry jobs of selling clothes and other items on the footpath. There appears to be some personal dispute between the petitioner and the respondent No.2. However, considering the fact that the dispute was completely interpersonal in nature leading to a scuffle where the respondent No.2 received simple injuries, no useful purpose would be served in allowing investigation in the present case to be continued any further. Considering the factual aspect of the case, this Court is inclined to quash the first information report on the aforestated grounds. The FIR No.714/2015 (P.S Uttam Nagar) and all the emanating proceedings thereof are quashed.

The petition is disposed of in terms of the above. ASHUTOSH KUMAR, J NOVEMBER 23, 2015 k