Arvind Kumar Kajla vs State Of Nct Of Delhi & Ors.
2020 Latest Caselaw 884 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 10.02.2020

+      CRL.M.C. 564/2020
       ARVIND KUMAR KAJLA                              ..... Petitioner
                   Through             Mr. Manoranjan Kumar, Adv.

                          versus

       STATE OF NCT OF DELHI & ORS.       ..... Respondents
                     Through   Mr.Panna Lal Sharma, APP for State.
                               Respondent no. 3 in person
                               SI Manoj Kumar, PS NIA


       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks direction thereby

quashing of FIR No. 56/2020 dated 27.01.2020, registered at Police Station

Narela Industrial Area and all other proceedings emanating therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State

4. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

5. The present petition is filed on the ground that the parties have settled

their disputes and the respondent no. 3 has no objection if the present

petition is allowed.

6. Respondent no. 3 is personally present in Court and he has been

identified by SI Manoj /IO and submits that matter has been settled and he

does not wish to prosecute the matter any further.

7. The petitioner and respondent no. 3 have amicably settled their

disputes and to this effect, respondent no.3 has filed affidavit on record

dated 29.01.2020 stating therein that he has no objection if present FIR is

quashed.

8. Learned APP submits that petitioner, who is government servant,

fired his gun in the air and though he had a valid arms license for the said

gun, if this Court is inclined to quash the FIR, heavy cost may be imposed

on the petitioner.

9. At this stage, learned counsel for petitioner on instructions, has come

forward and has agreed to contribute an amount of ₹5,00,000/- for welfare

purposes. Accordingly, petitioner is directed to pay an amount of:-

(a) Rs.1,00,000/- in favour of Delhi Police Martyrs Fund;

(b) Rs.1,00,000/- in favour of Delhi High Court Legal Services Committee

(c) Rs.1,00,000/- in favour of Blind School, Sewa Kutir, Kingsway Camp

(d) ₹1, 00,000/- in favour of Nirmal Chhaya, Jail Road, Hari Nagar, New Delhi for destitute women and children.

(e) Rs.1,00,000/- in favour of Indian Army Central Welfare Fund.

10. Cost amount shall be paid within four weeks and copy of the same

shall be furnished to the IO concerned.

11. IO/SHO is directed to return the arm licence to the petitioner.

12. Taking into account the aforesaid facts, this Court is inclined to quash

the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

13. Accordingly, FIR No. 56/2020 dated 27.01.2020, registered at Police

Station Narela Industrial Area and consequent proceedings emanating

therefrom are quashed qua the petitioner only.

14. The petition is allowed and disposed of accordingly.

15. Order dasti under signatures of the Court Master.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 10, 2020 ms