Delhi High Court
Aniket Vaibhav & Ors vs The State (Govt Of Nct Delhi) & Anr on 22 March, 2016
#43
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 22.03.2016
W.P.(CRL) 936/2016
ANIKET VAIBHAV & ORS ..... Petitioners
Through: Mr. Aditya Gaur, Advocate
versus
THE STATE (GOVT OF NCT DELHI) & ANR ..... Respondents
Through: Ms. Richa Kapoor, ASC (Criminal)
for R-1
Respondent No.2 in person
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.5081/2016 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
W.P.(CRL) 936/2016
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.56/2015, under Sections 323/341/34 IPC,
registered at Police Station- Vasant Kunj, Delhi and the proceedings arising
therefrom.
2. The subject FIR came to registered as a consequence of an altercation
between the complainant Shiv Narayan Sidh and the petitioners herein on
17.01.2015, who were all students of Jawahar Lal Nehru University at the
relevant time, on a trivial issue. As per the FIR, the petitioners assaulted the
complainant as they misunderstood him for obstructing their way on the
road. The injuries suffered by the complainant in the afore-stated incident
were opined to be simple in nature and he was discharged after receiving
first aid on the same day. The present is another manifestation of the rage
which erupts on public streets and roads in Delhi over such trifles. Senseless
violence over trivial issues, is assuming epidemic proportions 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 seriously addressed if law and order has to be
maintained in the city.
3. Be that as it may, Shiv Narayan Sidh has filed an affidavit in support
of the present petition to the following effect:-
"Affidavit
I, Shiv Narayan Sidh aged about 36 years S/o Sh. Sultan
Nath Sidh R/o. 1st Floor, Virbhan Villa, 22/B-3, Budh
Vihar, Munirka, New Delhi-110067, do hereby solemnly
affirm and declare as under:
1. That I am the respondent No.2/complainant in the
present case and well conversant with the facts of the
case as such competent to swear this affidavit.
2. That a FIR No.56/2015, U/s 323/341/34 IPC, P.S.
Vasant Kunj North was against the petitioners on the
complaint lodged by me.
3. That with the intervention of common friends, well
wishers and relatives, I have resolved all my disputes
with the petitioners without any pressure, threats,
coercion or undue influence from any corner
whatsoever and in terms of the settlement, I do not
want to pursue further against the petitioners in the
said FIR.
4. That I have no objection if the said FIR is quashed
which was registered against the petitioners on my
complaint.
5. That the aforesaid settlement have been arrived at
between me and the petitioner of my own free will
and consent and without any pressure, threats,
coercion or undue influence from any corner. The
contents of the present affidavit have been read over
and explained to me in vernacular and the same are
true and correct to my knowledge.
Sd/-
Deponent"
4. Shiv Narayan Sidh, the complainant, who is present in person in Court
today and has been identified by the IO in the subject FIR namely, SI
Manoj, Police Station- Vasant Kunj (North), Delhi states that the altercation
was a consequence of a sudden rush of blood and better sense has prevailed
leading to the petitioners having expressed remorse over the incident and
having tendered unconditional apology to him. The complainant further
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 to 5, respectively are present in person in Court
today and express deep remorse over the incident and undertake to
maintain good behaviour in future. It is also observed that the petitioners
do not have any criminal antecedents.
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.56/2015, under Sections 323/341/34 IPC,
registered at Police Station- Vasant Kunj, Delhi and the proceedings arising
therefrom are hereby set aside and quashed qua all the petitioners.
8. The writ petition is allowed and disposed of accordingly.
SIDDHARTH MRIDUL, J
MARCH 22, 2016
dn
