GOPAL Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 101/2010 registered under Section 307/34 IPC on the complaint of respondent No. 3 Deepak. In the above mentioned FIR it was stated that on 16.4.2010 respondents, who are classmates in their college, were going back to their respective houses at round 9:30 p.m. in Majlis Park area. On their way, they met petitioners No. 1 and 2 and one other boy, namely, Gagan. It has been alleged that petitioner no. 2 Lucky caught hold of respondent no. 2 Dinesh and petitioner no. 1 Gopal stabbed respondent Dinesh in his stomach with a knife and also hit him in his head with a stick due to which Dinesh fell down on the ground and became unconscious. Seeing this, all three of them fled from the spot. Respondent No. 3 then made a call to the police which took him to the hospital for medical treatment. Charges have been framed against the petitioners under Section 307/34 IPC by the Court of learned ASJ, Rohini on 16.3.2012. The other co-accused, Gagan has been let off by the Juvenile Justice Board on account of his minority and statement given by Dinesh stating that he wants to give a chance to Gagan for his rehabilitation.

(2.) The learned counsel for the petitioners has prayed for the quashing of the FIR on the ground that the matter has been settled between the parties and no useful purpose would be served by continuing the trial court proceedings.

(3.) On the other hand, learned APP for the State has opposed the quashing of FIR on account of the serious nature of the offence.