MAHENDER MANCHANDA & ANR Vs. STATE & ANR

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure for quashing of FIR No.84/2002 U/s 308/506/34 IPC, PS Karol Bagh, New Delhi and the proceedings emanating therefrom. The aforesaid FIR was registered on the statement of Constable Anand, No. 1566/C, Police Station, Karol Bagh, Delhi wherein, he stated that on 22nd May, 2012, he was posted along with Constable Vikram at Jessa Ram Hospital Police Picket from 8:00 p.m. onwards till 8:00 a.m. on 23rd May, 2012. On 23rd May, 2012, at about 1:00 a.m. one person informed them that two persons were beating a man at Pusa Road which was at a distance of 100 meter from the police picket and number of persons had gathered there. They immediately reached the spot and noticed two persons were beating a man who was lying on the road. Both persons were shouting that they will kill him as he has hit their vehicle. When they tried to dissuade them, they got annoyed and one of them told that he was Raghav Gambhir, brother of Gautam Gambhir and the aged man shouted "Maar Sale Ko, Dekh Lenge". He was provoking the young man that nobody can do anything against them as his son Gautam Gambhir has connections with higher authorities. Despite their repeated efforts to save the injured, they hit the injured at his face and head with their feat and hands' fists. When they were busy in looking after the injured, both the accused disappeared from the spot in their vehicle bearing No. DL6CJ 8817. They got the injured admitted in Jessa Ram Hospital for treatment. The Doctor had opined the nature of injuries as grievous. As such, from the perusal of statement and MLC, offence punishable under Section 308/506/34 IPC was revealed and accordingly, the FIR was registered.

(2.) This petition has been filed for quashing the aforesaid FIR and the subsequent proceedings thereto on the ground that the vehicle driven by respondent No. 2 collided with the vehicle of petitioner No. 1 around mid night hours, as a result of which, a scuffle took place between the petitioners and the respondent No. 2 which resulted into minor injuries. Pursuant thereof, the petitioners were arrested. By the intervention of common friends, the matter has been amicably settled and no ill-will is left between the parties. Respondent No. 2 does not wish to continue with the proceedings. Hence, the FIR be quashed.

(3.) Learned counsel for the petitioner relied upon Basara & Ors. Vs. State and Anr., 2009 98 DRJ 381 where, under the similar circumstances, the FIR under Section 307/34 IPC was quashed.