Priya Sharma & ANR v. State (Govt Of NCT Delhi) & ANR

12# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2702/2017 PRIYA SHARMA & ANR ..... Petitioners Represented by:

Mr. D.K. Sharma, Advocate with petitioners in person.

versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Represented by:

Mr. Jamal Ahktar, Advocate for Mr. Rahul Mehra, Standing Counsel for State with ASI Faj Raj Singh, PS Sector-23, Dwarka.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.03.2018 1.

By this petition the petitioner seeks quashing of FIR No. 288/2014 under Section 25 Arms Act and Section 506 IPC registered at PS Dwarka, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

The above noted FIR was registered on the complaint of respondent No. 2 who stated that while he was going to his house on his motorcycle on 2nd July, 2014 he saw his friend Sumit's wife Priya sitting in her car Swift DL -9 -CY-8040. When he reached near Priya, one person came towards him and started abusing him. That person who was petitioner No. 2 wrongly identified the complainant to be Sumit and pulled a gun on his head. W.P.(CRL) 2702/2017

Petitioner No. 2 also stated "tum hi Sumit ho na, me to teri hi taak mein tha" and he fired two shots in the air. On this the petitioner No.1 came out from the car and stated that the complainant was not Sumit regarding whom she had asked for killing. Thus petitioner No. 2 asked the complainant to convey his message to Sumit, husband of petitioner No. 1, whom she wanted to get killed.

3.

A perusal of the status report reveals that the petitioner No.2 is involved in as many as 11 cases and from the allegations it is apparent that the petitioner No. 1 had hired petitioner No.2, who was into illegal activities. 4.

Considering the nature of allegations, this Court does not find it to be a fit case for quashing of the FIR and the proceedings pursuant thereto on the ground that parties have settled the matter. 5.

Petition is dismissed.

MUKTA GUPTA, J.

MARCH 15, 2018 'vn'

W.P.(CRL) 2702/2017