High Court of DelhiW.P.(CRL)/3073/2015

Rajeev Malik & ANR. v. State & ANR.

2015-12-22Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3073/2015 RAJEEV MALIK & ANR.

..... Petitioner Through:

Mr. Nikhil Mehta & Mr. Kunal Malhotra, Advs.

versus STATE & ANR.

..... Respondent Through:

Mr. Kamna Vohra, ASC for the State SI Vinit Kumar, P.S. Geeta Colony Mr. Hemant Uppal, Adv. for respondent No.2 along with respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 22.12.2015 Crl.M.A No.18817/2015 Exemption granted subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 3073/2015 The present petition has been filed for quashing of FIR No. 771/2015 (P.S. Geeta Colony) instituted for offences under Sections 323/341/506/34 of the IPC, on the strength of an amicable settlement arrived at between the petitioners and respondent no.2.

The petitioner nos. 1 and 2 are the brother-in-law and nephew of respondent no. 2 respectively.

The abovementioned FIR came to be registered due to a scuffle which

had taken place between the parties. On 15.12.2015, while respondent no. 2 was standing in front of his house and asking Mr. Vishal Arora for returning the accommodation loan which he had taken from him, the petitioners, who are related to him forbade aforesaid Vishal Arora from returning the money. When they were asked not to interfere, they got enraged and assaulted him. Due to intervention of well wishers, a settlement was arrived at between the parties. All the disputes between them was forgotten, keeping in mind the relationship between them. The Respondent No. 2 does not wish to prosecute the petitioners any further. The parties are present in Court and they testify to the aforesaid averments.

For the aforesaid facts and circumstances, this Court is of the opinion that the nature of the dispute between the parties are completely interpersonal and have been completely redressed. All the offences alleged are bailable in nature and are also compoundable. Taking into account the aforesaid facts, the FIR No. 771/2015 (P.S. Geeta Colony) and all the proceedings emanating therefrom are quashed. The petition is disposed of in terms of the above. ASHUTOSH KUMAR, J DECEMBER 22, 2015 ns