VIKAS Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been filed by the petitioners with the following prayers:

(2.) In substance the case of the petitioners is for quashing of the FIR No.773/2016 under Section 323/308/506/34 IPC of P.S. SHAHBAD DAIRY, DELHI.

(3.) The petition includes a memo of parties where the complainants, at whose behest the FIR has been registered have been made respondent Nos. 2 to 4. It is the case of the petitioners and so contended by their counsel that the petitioners herein as well as respondent Nos. 2 to 4 are neighbours. The subject matter of the FIR is about an incident that happened on October 25, 2016 at 1.00 am when, in the neighbourhood the shouting of a shopkeeper was heard, which made the respondent Nos. 2 to 4 to step out to see some boys are beating the shopkeeper named Pawan. When respondent Nos. 2 to 4 intervened, the petitioners, who were beating the shopkeeper, left him and started beating the respondent Nos.2 to 4 with dandas. One of the petitioners hit danda on the head of Nitin Dabas the respondent No.4 due to which he became unconscious. In fact, it is alleged that the petitioners threatened to kill them. The petitioners fled away leaving Nitin Dabas on the spot. Thereafter, the police had come who took the respondent Nos. 2 to 4 to the MB Hospital. Learned counsel for the petitioners also submitted that immediately after the incident, an oral settlement had taken place between the petitioners and respondent Nos.2 to 4 and the petitioners continued to be under the impression that in view of the settlement entered between them and respondent Nos.2 to 4, nothing survives in the FIR and the same shall not be pursued against them.