NAVEEN PAWAR Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 249/03 registered under Section 341/323/435/427 & 34 IPC registered at P.S. Hauz Khas on the complaint of respondent no.2. The contents of the FIR in brief were that on 03.05.2003 at about 07.30 p.m. in Shah Pur Jat area the respondent no.2/complainant had an altercation with petitioner no.1 and 3 and few other boys of the locality over the demand of the taxi at the office of the taxi stand run by the respondent no.2. It was stated by respondent no.2 that he was dragged out of his office and beaten up by the petitioners and in order to save himself, he had to flee from the spot. It was further stated that on the same night petitioner no.2 came to the taxi stand of the complainant along with some other boys and deflated the tyre of the vehicle parked there. The complainant came at the taxi stand later in the night to remove the deflated vehicle in order to save it from further damage and parked it on the main road for securing it. Later on the complainant along with his brother took a Toyota Qualis to reach home but it was also deflated and could not be moved further than the main road of Panchsheel Park. It was further stated that on seeing the vehicle parked outside the taxi stand, the petitioner no. 2 came on a motorcycle along with an unknown associate and poured kerosene over the Toyota Qualis and set it ablaze and ran away. The fire was put out with the help of fire brigade, but not before it was fully burnt. The charge sheet in the case has been filed by the police in the ld. Trial Court.

(2.) The prayer for quashing of the FIR has been made by the learned counsel for the petitioners on the ground of settlement between the parties. On the other hand, the ld. APP has vehemently opposed the quashing, keeping in view of the criminal antecedents of the petitioners and the nature of the offences alleged to be committed by the petitioners.

(3.) I have heard the rival submissions and perused the file.