MAHENDER SINGH Vs. STATE

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed for quashing FIR No.46/2018 dated 27.01.2018, registered in Police Station Neb Sarai, Delhi, for offence under Section 308/34 IPC.

(2.) Fir No.46/2018 has been registered on the complaint of respondent No.2. In the complaint it is stated that on 26.01.2018, when the complainant and his friend Dheeraj/respondent No.3 herein were returning from their coaching on his Splendor Bike, at about 8:00-8:15 PM, they were stopped by the accused near Sona Public School. It is stated that Sunny/petitioner No.2 kicked the bike and the complainant and his friend fell down from the bike and the petitioners started beating Dheeraj/respondent No.3. It is stated that when the complainant/respondent No.2 tried to stop the accused, the accused started abusing the complainant and started fighting with him. It is stated that the accused Sunny/petitioner No.1 picked up a danda and hit the complainant on his head and the complainant fell on the ground. When people gathered there the accused threatened the complainant of dire consequences and left. It is stated that the brother of the complainant came there and called the Police. A PCR Van came and took the victims to the AIIMS Trauma Centre. In the MLC the doctor recorded the nature of injury and it was opined that the victim had sustained minor head injury with left periorbital swelling. Charge-sheet has been filed against the accused. The accused/petitioner No.2 has been granted anticipatory bail on 04.02.2018.

(3.) This petition has been filed on the ground that after the intervention of the parents and well-wishers the parties have stated to settle their disputes. A settlement deed dated 16.02.2021 (Annexure P-4) has been filed.