NARESH TYAGI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.', for short) seeking quashing of FIR No.395/2020, registered at Police Station Mehrauli, under Sections 323 and 506 of the IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('Act', for short) and all proceedings arising therefrom. Advance notices were issued to the State and the complainant and they have been duly represented and heard.

(2.) Briefly put, the contention of the learned counsel for the petitioner Sh. Saket Sikri is that the FIR was prompted by enmity as the complainant was annoyed with the petitioner for having complained against him for diverting food meant for the poor to the Mittal Gardens for consumption by animals. According to learned counsel, on 04.05.2020, the petitioner had informed the DM (South) on WhatsApp about this illegal and clandestine transport of food by the complainant Ajay Kumar who was known to him as Ajay Mathur. A video that had been taken at Mittal Gardens was also circulated to the DM (South) through WhatsApp.

(3.) The distribution centre at Gali No.9, 60 Foota Road, Chattarpur, where the complainant was allocated the duty of distributing food amongst the poor, was shut as a consequence. On the next day, i.e. 05.05.2020, the petitioner went to MCD Primary School Chattarpur and assisted in the distribution of food when, according to him, the complainant, who was present there, publicly insulted and abused him for having filed the complaint and a verbal altercation occurred during the course of which, the complainant allegedly threatened to teach the petitioner a lesson. The PCR was also called after which the petitioner left.