Hammad Khan (Minor) & Ors. vs The State & Anr.
2021 Latest Caselaw 692 Del

$~28
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: 26.02.2021
+      CRL.M.C. 653/2021 & Crl.M.A. 3177/2021

       HAMMAD KHAN (MINOR) & ORS.      ..... Petitioners
              Through: Mr. Noor Alam, Advocate with
                       petitioners

                          Versus

       THE STATE & ANR.                            ..... Respondents
                Through:        Mr. Pannal Lal Sharma, Additional
                                Public Prosecutor for respondent
                                No.1/State with SI Shailendra Kumar
                                Singh
                                Mr. Noor Alam, Advocate with
                                respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

1. Vide this petition, quashing of FIR No. 51/2021, registered at

police station Jamia Nagar, Delhi for the offences under Section 395

IPC is sought by petitioners.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for

respondent No.1/State accepts notice. He has opposed this petition on

the ground that the FIR has recently been registered and there are eight

accused persons, out of which four accused are minor and that

investigation is in progress.

4. With the consent of learned counsel for the parties, the present

petition is taken up for final hearing and disposal.

5. Learned counsel for petitioners submits that in this petition, he

is appearing on behalf of complainant as well. He further submits that

the complainant and petitioners are living in the same area and due to

some misunderstanding a quarrel took place amongst the children,

which resulted into registration of FIR in question.

6. Learned counsel for petitioners further submits that all

petitioners are minor and except petitioner No.2, all the petitioners

were apprehended and sent to Observation Homes. Learned counsel

next submits that the complainant of FIR in question, who is a minor,

is present in the Court with his father and parents of petitioners are

also present in the Court.

7. Both the sides have prayed before this Court that the parties to

this petition are minor and for their better future prospects, a lenient

view be taken and the FIR in question be quashed.

8. Keeping in view that the dispute between the parties has been

amicably resolved and also the fact that the parties involved are minor

and living in the same area, therefore, to restore cordiality and better

future prospects, this Court is inclined to quash the FIR in question.

9. Accordingly, FIR No. 51/2021, registered at police station

Jamia Nagar, Delhi and proceedings emanating therefrom are hereby

quashed.

10. The petition and pending application are accordingly disposed

of.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 26, 2021 r