Delhi High Court
Sushant Lal & Others vs State on 31 August, 2010
Author: Sanjiv Khanna
2&15.
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1623/2010
Date of decision: 31st August, 2010
SUSHANT LAL & OTHERS ..... Petitioners
Through Mr. V.P. Katiyar & Mr. Rakesh
Doohan, Advocates.
versus
STATE ..... Respondent
Through Mr. Arvind Kumar Gupta, APP for
the State along with SI Shish Pal, DIU North
and SI Bhupender, P.S. Civil Line.
+ CRL.M.C. 1622/2010
SURESH KUMAR GARG & OTHERS ..... Petitioner
Through Mr. V.P. Katiyar & Mr. Rakesh
Doohan, Advocates.
versus
STATE ..... Respondent
Through Mr. Arvind Kumar Gupta, APP for
the State along with SI Shish Pal, DIU North
and SI Bhupender, P.S. Civil Line.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
1. The aforesaid petitions have been filed for quashing of two cross
FIRs, which were registered after what appears to be a case of road rage.
FIR No. 380/2009 under Section 394/397/411/34 IPC was registered at
Police Station Burari on 6th December, 2009 against Sushant Lal,
Kailash and Aditya. In this FIR it is alleged that the complainant
CRL.M.C. Nos. 1622-1623/2010 Page 1
Suresh Kumar Garg and his nephew Sanjay Garg were going on a
scooter from Burari to Kamalpur. Two young boys stopped their
scooter and started beating them and robbed Rs.26,500/- from the pocket
of Suresh Kumar Garg. They raised noise and public collected and
caught hold of Aditya. In the meanwhile, Sushant Lal, who had snatched
the scooter assaulted Sanjay Kumar Garg with a knife. Sanjay Kumar
Garg saved himself and the knife stuck Aditya. Another attempt was
made and this time also the knife hit Aditya.
2. In FIR No. 380/2009, after registration of the FIR, during the
course of investigation Kailash was also made an accused on the
allegation that he was also involved in the said offence.
3. FIR No. 100/2010 was registered in Police Station Burari under
Section 279/337/307/34 IPC on 21st April, 2010. This FIR was
registered after a private complaint case was filed by Sushant Lal and
directions were issued by the learned Magistrate to register the FIR. In
this FIR it is alleged that the complainant Sushant Lal, who is the final
year MBA student and also doing diploma, on 6th December, 2009 was
going to Burari along with his friend Aditya, when a scooter driven by
Suresh Kumar Garg hit Aditya on his leg and he got injured. This
resulted in a fight in which kicks and blows were given. In the
meanwhile, Sanjay Garg took out knife and attacked Aditya in his
stomach and then again attacked Aditya on his back. Aditya was hurt
and he collapsed. Subsequently maternal uncle of Aditya was informed
and he was taken to Trauma Center Hospital, Civil Lines, Delhi for
treatment.
4. It may be relevant to state here that Sushant Lal, Kailash and
Aditya were arrested and remained incarcerated for a period of about six
months. This is in spite of the fact that Aditya had suffered two minor
knife blows in his stomach, on his back and an injury on his leg. Suresh
Kumar Garg and Sanjay Garg were not arrested and as stated above FIR
CRL.M.C. Nos. 1622-1623/2010 Page 2
No. 100/2010 was registered only after an order was passed by the
learned Magistrate on a private complaint filed by Sushant Lal.
5. The five petitioners are present in the Court. Sushant Lal, Kailash
and Aditya are young boys in their early 20s. Sushant Lal is a student,
who is doing MBA. None of them have any criminal antecedents and
there is no other case pending against them. It is stated by them that
their careers and future prospects will be ruined in case the criminal
proceedings continue.
6. Suresh Kumar Garg and Sanjay Garg, who are present in the
Court, are shopkeepers, who again, do not have any criminal antecedents
and do not have any other criminal case pending against them. They had
also suffered injuries. Both of them have stated that they shall deposit
Rs.25,000/- each with the Delhi High Court Legal Services Committee
within three days from today. Copy of the said receipt will be furnished
and given to the learned Additional Public Prosecutor, who is appearing
for the State.
7. The parties have compromised the matter in terms of compromise
deed dated 29th April, 2010. It is stated by the parties that they are not
interested in continuing with the prosecution and want to bring an end to
the litigation. The parties have reconciled their differences. Charge
sheet has been filed in FIR No. 380/2009 but evidence has not been
recorded. In FIR No. 100/2010, the matter is still pending investigation
and charge sheet has not been filed.
8. I have also examined the nature of wounds suffered by Aditya as
mentioned in the MLC. Looking at the nature of the wounds and other
aspects, it appears that no case under Section 307 IPC is made out. In
fact, Aditya was discharged from the hospital the next day and thereafter
arrested and had been in prison for almost six months.
9. Looking at the nature of dispute, the injuries suffered and the
CRL.M.C. Nos. 1622-1623/2010 Page 3
compromise between the parties and the fact that the case is still at the
very initial stage and evidence has not been recorded, I accept both the
petitions. Accordingly, FIR No. 380/2009, Police Station Burari under
Section 394/397/411/34 IPC and FIR No. 100/2010 under Section
279/337/307/34 IPC and the resultant proceedings emanating therefrom
are set aside/quashed. Suresh Kumar Garg and Sanjay Garg will abide
by their statement and in case of non-deposit of the aforesaid amount,
appropriate orders will be passed.
The petitions are disposed of.
DASTI.
SANJIV KHANNA, J.
AUGUST 31, 2010
VKR
CRL.M.C. Nos. 1622-1623/2010 Page 4
