Delhi High Court
Sajeed & Ors vs The State (Nct Of Delhi) & Anr on 22 January, 2016
#65
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.01.2016
W.P.(CRL) 212/2016
SAJEED & ORS ..... Petitioners
Through: Mr. Jyoti Gupta, Advocate
Petitioner No.1 and Petitioner
No.2-in-person
versus
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
with SI Mausam Ghani, PS- Mayur
Vihar Phase-1 for Respondent No.1
Respondent No.2-in-person.
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
1. The present is a petition under Article 226 of the Constitution of India
read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)
seeking quashing of FIR No.812/2015, under Sections 307/341/34 IPC,
registered at Police Station- Mayur Vihar, Phase-1, Delhi and the
proceedings arising therefrom.
2. The subject FIR came to be registered on a complaint instituted by
Idrish s/o Mohd. Israel (respondent No.2/complainant herein) alleging
therein that the petitioner assaulted him physically over a trivial dispute over
parking of their vehicles. The present is another manifestation of the rage
which erupts on public streets and roads in Delhi over such trifles as parking
of vehicles. Senseless violation over trivial issues, are becoming an
epidemic in the city. Frequently, it is observed that men of all ages display
unnecessary machismo on the road at the drop of a hat without any serious
provocation. This is an issue that needs to be addressed if law and order has
to be maintained in the city.
3. Be that as it may, Idrish has filed an affidavit in support of the present
petition to the following effect:-
"I, Idrish S/o Mohd. Israel, age about 29 years, R/o
H.No.27/338, Trilok Puri, Delhi-110091, do hereby solemnly
affirm and declares as under:
1. That I am Respondent No.2/Complainant in the
accompanying petition hence familiar with facts and
circumstances of present case and therefore competent
to swear this Affidavit.
2. That accompanying petition U/Sec. 482 of Cr.P.C. has
been filed by the petitioners for quashing of F.I.R.
No.812/2015 registered under Sec. 307/341/34 I.P.C.
lodged with the Police Station Mayur Vihar Ph-I,
Delhi pursuant to complaint made by the deponent.
The copy of the entire petition has been served upon
me. The contents of said petition have been read over
and explained to me in my vernacular language and
same were true and correct.
3. That the petitioner No.1 & 2 namely Sajeed Jahid were
till date not arrested in the present case however
Petitioner No.3 namely Shahid is still languishing in
judicial custody.
4. That I have compromised with the petitioners
(petitioner No.1 acting/speaking on behalf of the
petitioner No.3 Shahid in J.C.) in presence of the
respectable members of the society. Hence now I
don't have any grudges against the present petitioners.
5. That the petitioners has duly explained to me how the
said incident occurred. The said incident was
consequent to the road-rage, whereas upon parking of
the vehicles by the petitioners on the road blocking the
way of deponent hot words were exchanged and
quarrel took place between the petitioners and the
deponent/complainant whereas the complainant
accidently sustained injuries without any mala fide
intentions on the part of the petitioners.
6. That the deponent/complainant was given medical
assistance and discharged from the hospital on the
same day.
7. That the present FIR No.812/15, P.S. Mayur Vihar,
Ph-1, Delhi was lodged by the deponent/complainant
under misunderstanding of facts and in the heat of
moment.
8. That after the said incident I have sorted out all my
differences and disputes with the petitioners and have
resolved to enjoy harmonious relations in future.
9. That now I do not have any grudges or grievances
against the present petitioners and hence I do not wish
to pursue my present complaint FIR No.812/15 with
PS. Mayur Vihar Ph-1, against the present petitioners.
10. That I have no objection if the present F.I.R.
No.812/2015 registered under Sec.307/341/34 I.P.C.
lodged with the Police Station Mayur Vihar Ph-1,
Delhi be quashed against the present petitioners by this
Hon'ble Court."
4. Idrish, who is present in person in Court today and has been identified
by the IO in the subject FIR namely, SI Mausam Ghani, Police Station-
Mayur Vihar, Phase-1, Delhi states that with the aid and intervention of
respectable members of the community, the dispute that resulted in the
registration of the subject FIR, has been resolved amicably.
5. The petitioner Nos.1 and 2 namely, Sajid and Jahid respectively are
present in person in Court today whereas petitioner No.3 Shahid is stated to
be in judicial custody since the date of the registration of the subject FIR.
Sajid and Jahid express deep remorse over the incident and undertake to
maintain good behaviour in future.
6. In view of the foregoing, since the quarrel that led to the registration
of the subject FIR has been resolved amicably without any undue influence,
pressure or coercion, no useful purpose will be served by proceeding with
the subject FIR and the proceedings arising therefrom.
7. Consequently, FIR No.812/2015, under Sections 307/341/34 IPC,
registered at Police Station- Mayur Vihar, Phase-1, Delhi are hereby set
aside and quashed qua all the petitioners subject to their maintaining good
behaviour for a period of two years from today and further subject to their
depositing with the Victims' Compensation Fund a sum of Rs.10,000/-
(Rupees Ten Thousand Only) each within a period of two weeks from today.
The receipt of the said deposit shall be furnished to the concerned IO
namely, SI Mausam Ghani, Police Station- Mayur Vihar, Phase-1, Delhi.
8. The writ petition is disposed of accordingly.
9. Dasti.
SIDDHARTH MRIDUL, J
JANUARY 22, 2016
dn
