MANOJ Vs. STATE GOVT OF NCT DELHI

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') seeks quashing of FIR bearing number 277/2022 dtd. 1/4/2022, registered at PS Madhu Vihar, for offence under Sec. 307 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), and all other proceedings emanating therefrom including the chargesheet pending before the Court of learned Metropolitan Magistrate, Karkardooma Court.

(2.) Learned Counsel for the petitioner submits that the matter has already been settled between the petitioner and respondent no. 3 and an affidavit with regard to the same is annexed with the petition. Therefore, it is prayed that in view of the settlement, the present FIR number 277/2022 dtd. 1/4/2022, registered at PS Madhu Vihar, for offence under Sec. 307 of the IPC be quashed. In support of his submissions, the learned counsel has relied upon the following judgments:

(3.) It is submitted that the injured/respondent no. 3 is the brother-in-law of the petitioner. It is further submitted that there is no material on record, except the disclosure statement, with regard to the motive of the crime. It is urged that since the petitioner was not armed with any weapon at the time of the alleged incident, therefore, it is not premeditated, and thus it cannot be stated to be an assault with the intention to kill respondent no. 3. It is further submitted that the petitioner is in judicial custody since 1/4/2022.