Banna Ram & Ors. vs State & Anr.
2017 Latest Caselaw 2410 Del

$~17
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        DECIDED ON : 15th MAY, 2017

+              CRL.M.C. 3539/2016 & CRL.M.A.No.14941/2016
       BANNA RAM & ORS.                                   ..... Petitioners
                           Through :   Mr.Rajeev Singh, Advocate.
                           versus
       STATE & ANR.                                       ..... Respondents
                           Through :   Mr.G.M.Farooqui, APP with ASI
                                       Hariom, PS Moti Nagar.
                                       Mr.Mukesh Sharma, Advocate with
                                       Mr.J.K.Tripathi, Advocate for R2.
          CORAM:
          HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (Oral)

1. Present petition has been filed by Banna Ram (P-1), Sakshi Bhatia (P-2) & Shruti Bhatia (P-3) for quashing of the FIR No.653/2015 registered under Section 325/34 IPC at PS Moti Nagar. Status report is on record.

2. I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file.

3. During the course of arguments, it was fairly admitted by the learned Addl. Public Prosecutor as well as complainant's counsel that there is no sufficient material to proceed against P-1 and they have no objection to the quashing of the FIR qua him.

4. I have examined the statement of the complainant whereby she did not attribute any role whatsoever to P-1 in causing injuries to be her. Main allegations are primarily against P-2 and P-3.

5. During arguments, learned counsel for the petitioners sought permission to withdraw the present petition qua P-2 and P-3. On perusal of the statement of the prosecutrix, it reveals that, prima facie, there is sufficient material to proceed against P-2 and P-3. The victim has attributed specific role to both P-2 & P-3 in causing injuries to her in furtherance of common intention.

6. In view of the above, the petition qua P-1 is allowed and the FIR and all the proceedings emanating therefrom are quashed against him. Pending application also stands disposed of.

7. Regarding P-2 and P-3, the present petition is dismissed as withdrawn.

8. Copy of the order be sent to the Court concerned for information.

(S.P.GARG) JUDGE MAY 15, 2016 / tr