Delhi High Court
Divakar Pal @ Chandan & Ors vs The State Govt Of Nct Of Delhi & Anr on 10 May, 2016
39
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision:10 .05.2016
W.P.(CRL) 1470/2016 & CRL.M.A. 7660/2016
DIVAKAR PAL @ CHANDAN & ORS ..... Petitioners
Through: Mr Govind Rishi, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents
Through: Mr Sanjay Lao, Addl. Standing
Counsel (Crl.) for State.
Respondent No.2 in person.
SI Jagendra Kumar, PS- Model Town.
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.128/2016, under Sections 147/148/149/308/34
IPC, registered at Police Station- Model Town, Delhi.
2. The subject FIR came to be registered on an allegation made by the
complainant Jitender to the effect that the petitioners who are first cousins of
his wife Anupal, unhappy at their matrimonial alliance, assaulted him at his
residence in Rajpura Gurmandi, Delhi, on 28.02.2016.
3. Counsel appearing on behalf of the petitioners invites my attention to
the order dated 03.03.2016 in Bail Application No.1856 (State v. Divakar
Pal @ Chandan) passed by the ASJ/Special Judge (NDPS), North District,
Rohini Courts, Delhi, to urge that the family dispute has since been resolved
amicably and, therefore, no useful purpose will be served by proceeding with
the subject FIR.
4. The complainant Jintender, who is present in person and has been
identified by the IO in the subject FIR, namely, SI Jagendra Kumar, PS-
Model Town, Delhi, states that the afore-stated position is correct and
consequently he does not wish to prosecute the subject FIR any further.
5. The petitioners in the present petition are young adults and the subject
FIR has the potential to blight their fledgling careers.
6. The petitioners, who are also present in Court today, have expressed
deep remorse at the incident and assure this Court that there will not be a
repetition.
7. In the present case, it is observed that the offences in the subject FIR
do not fall within the exempted categories of serious/heinous offences which
ought not to be quashed on the ground of an amicable resolution of the
disputes. [Ref. Gian Singh vs. State of Punjab and Anr. reported as (2012)
10 SCC 303]. The offences alleged to have been committed in the subject
FIR are private in nature and do not have a serious impact on society.
8. In view of the foregoing, since the dispute that led to the registration
of the subject FIR has been resolved amicably by and between the parties
without any undue influence, pressure or coercion, no useful purpose will be
served by proceeding with the subject FIR.
9. Resultantly, FIR No.128/2016, under Sections 147/148/149/308/34
IPC, registered at Police Station- Model Town, Delhi, is hereby set aside and
quashed qua the petitioners subject to their undertaking to maintain peace
and good behaviour for a period of one year.
10. With the above directions, the present writ petition is allowed and
disposed of accordingly.
SIDDHARTH MRIDUL, J
MAY 10, 2016
mk
