Delhi High Court
Anil Kumar vs State ( Nct Of Delhi) & Anr on 13 May, 2016
33
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13th May, 2016
W.P.(CRL) 1510/2016 & CRL.M.A. 7867/2016
ANIL KUMAR ..... Petitioner
Through: Mr Vikram Panwar, Advocate.
versus
STATE ( NCT OF DELHI) & ANR ..... Respondents
Through: Mr Ashish Aggarwal, Addl. Standing
Counsel (Crl.) .
Mr Manoj Pant, Advocate for R-2
along with R-2 in person.
SI Anil Kumar, PS- Dwarka South.
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
seeking quashing of FIR No.69/2014 under Sections 307 IPC registered at
Police Station-Dwarka South, Delhi.
2. Notice. Mr Ashish Aggarawal, learned Addl. Standing Counsel (Crl.),
accepts notice on behalf of the official respondent and does not oppose this
petition.
3. The subject FIR came to be registered as consequence of an argument
between the petitioner-husband and the complainant-wife. It is stated by
learned counsel appearing on behalf of the petitioner that his licensed
weapon went off accidently and the bullet expelled therefrom brushed across
the thighs of the complainant. However, the injuries suffered by the
complainant are opined to be simple.
4. The complainant, who is present in person in court and has been
identified by the IO in the subject FIR, namely, SI Anil Kumar, PS- Dwarka
South, states that she has forgiven her husband; and that in order to keep the
family together which also consists of their two children aged 18 and 16
years respectively, she wishes to live happily with him; and that the present
FIR has the potential to complicate and jeopardize her family life; and that,
therefore, she is no longer keen to prosecute the subject FIR.
5. It is observed that the present case does not fall within the categories
exempted from quashing in terms of the decision of the Supreme Court in
Gian Singh vs. State of Punjab and Anr. reported as (2012) 10 SCC 303,
since it does not affect the general public at large and is a private affair.
6. In view of the foregoing, the present writ petition is allowed. FIR
No.69/2014 under Sections 307 IPC registered at Police Station-Dwarka
South, Delhi is hereby set aside and quashed qua the petitioner subject to his
making himself available for community service at the Hanuman Mandir,
Sector-6, Dwarka, Delhi, on every Saturday between 6.00 AM to 10.00 AM
for four consecutive weeks. The management of the concerned Hanuman
Mandir is requested to utilize the services of the petitioner herein in any
manner they deem fit for the said purpose. The management is requested to
furnish the IO in the subject FIR, with a report qua the conduct and
demeanour of the petitioner herein, at the expiry of the aforesaid period of
four weeks.
7. With the above directions the writ petition is allowed and disposed of
accordingly.
SIDDHARTH MRIDUL, J
MAY 13, 2016
mk
