CRL.M.C. Nos. 1622-1623/2010 Page 1 2&15. *IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1623/2010 Date of decision: 31st August, 2010 SUSHANT LAL & OTHERS ..... Petitioners Through Mr. V.P. Katiyar & Mr. Rakesh Doohan, Advocates. versus STATE ..... Respondent Through Mr. Arvind Kumar Gupta, APP for the State along with SI Shish Pal, DIU North and SI Bhupender, P.S. Civil Line. + CRL.M.C. 1622/2010 SURESH KUMAR GARG & OTHERS ..... Petitioner Through Mr. V.P. Katiyar & Mr. Rakesh Doohan, Advocates. versus STATE ..... Respondent Through Mr. Arvind Kumar Gupta, APP for the State along with SI Shish Pal, DIU North and SI Bhupender, P.S. Civil Line. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R 1. The aforesaid petitions have been filed for quashing of two cross FIRs, which were registered after what appears to be a case of road rage. FIR No. 380/2009 under Section 394/397/411/34 IPC was registered at Police Station Burari on 6th December, 2009 against Sushant Lal, Kailash and Aditya. In this FIR it is alleged that the complainant CRL.M.C. Nos. 1622-1623/2010 Page 2 Suresh Kumar Garg and his nephew Sanjay Garg were going on a scooter from Burari to Kamalpur. Two young boys stopped their scooter and started beating them and robbed Rs.26,500/- from the pocket of Suresh Kumar Garg. They raised noise and public collected and caught hold of Aditya. In the meanwhile, Sushant Lal, who had snatched the scooter assaulted Sanjay Kumar Garg with a knife. Sanjay Kumar Garg saved himself and the knife stuck Aditya. Another attempt was made and this time also the knife hit Aditya. 2. In FIR No. 380/2009, after registration of the FIR, during the course of investigation Kailash was also made an accused on the allegation that he was also involved in the said offence. 3. FIR No. 100/2010 was registered in Police Station Burari under Section 279/337/307/34 IPC on 21st April, 2010. This FIR was registered after a private complaint case was filed by Sushant Lal and directions were issued by the learned Magistrate to register the FIR. In this FIR it is alleged that the complainant Sushant Lal, who is the final year MBA student and also doing diploma, on 6th December, 2009 was going to Burari along with his friend Aditya, when a scooter driven by Suresh Kumar Garg hit Aditya on his leg and he got injured. This resulted in a fight in which kicks and blows were given. In the meanwhile, Sanjay Garg took out knife and attacked Aditya in his stomach and then again attacked Aditya on his back. Aditya was hurt and he collapsed. Subsequently maternal uncle of Aditya was informed and he was taken to Trauma Center Hospital, Civil Lines, Delhi for treatment. 4. It may be relevant to state here that Sushant Lal, Kailash and Aditya were arrested and remained incarcerated for a period of about six months. This is in spite of the fact that Aditya had suffered two minor knife blows in his stomach, on his back and an injury on his leg. Suresh Kumar Garg and Sanjay Garg were not arrested and as stated above FIR CRL.M.C. Nos. 1622-1623/2010 Page 3 No. 100/2010 was registered only after an order was passed by the learned Magistrate on a private complaint filed by Sushant Lal. 5. The five petitioners are present in the Court. Sushant Lal, Kailash and Aditya are young boys in their early 20s. Sushant Lal is a student, who is doing MBA. None of them have any criminal antecedents and there is no other case pending against them. It is stated by them that their careers and future prospects will be ruined in case the criminal proceedings continue. 6. Suresh Kumar Garg and Sanjay Garg, who are present in the Court, are shopkeepers, who again, do not have any criminal antecedents and do not have any other criminal case pending against them. They had also suffered injuries. Both of them have stated that they shall deposit Rs.25,000/- each with the Delhi High Court Legal Services Committee within three days from today. Copy of the said receipt will be furnished and given to the learned Additional Public Prosecutor, who is appearing for the State. 7. The parties have compromised the matter in terms of compromise deed dated 29th April, 2010. It is stated by the parties that they are not interested in continuing with the prosecution and want to bring an end to the litigation. The parties have reconciled their differences. Charge sheet has been filed in FIR No. 380/2009 but evidence has not been recorded. In FIR No. 100/2010, the matter is still pending investigation and charge sheet has not been filed. 8. I have also examined the nature of wounds suffered by Aditya as mentioned in the MLC. Looking at the nature of the wounds and other aspects, it appears that no case under Section 307 IPC is made out. In fact, Aditya was discharged from the hospital the next day and thereafter arrested and had been in prison for almost six months. 9. Looking at the nature of dispute, the injuries suffered and the CRL.M.C. Nos. 1622-1623/2010 Page 4 compromise between the parties and the fact that the case is still at the very initial stage and evidence has not been recorded, I accept both the petitions. Accordingly, FIR No. 380/2009, Police Station Burari under Section 394/397/411/34 IPC and FIR No. 100/2010 under Section 279/337/307/34 IPC and the resultant proceedings emanating therefrom are set aside/quashed. Suresh Kumar Garg and Sanjay Garg will abide by their statement and in case of non-deposit of the aforesaid amount, appropriate orders will be passed. The petitions are disposed of. DASTI. SANJIV KHANNA, J. AUGUST 31, 2010 VKR