SHIVAM GUPTA Vs. STATE

JUDGEMENT

(1.) IN the above -captioned four petitions quashing of FIR No.485/2014 registered under Sections 324/307/34 IPC and Section 27 of the Arms Act, 1959 and cross FIR No.486/2014 under Section 323/327/452/506/34 of IPC and Section 27 of the Arms Act, 1959 both registered at Police Station Vasant Kunj, Delhi is sought on the basis of misunderstanding between the parties being cleared in terms of Memorandum of Understandings of 31st July, 2014 and 3rd September, 2014.

(2.) THESE petitions are strongly resisted by learned Additional Solicitor General, who has played CCTV footage of the incident in question in the Court in the presence of learned counsel for petitioners, who have also seen it.

(3.) THE venue of this incident is KEYA Bar where petitioner -Parth Wadia with his friends and personal security guards (PSOs) had gone on 27thJune, 2014 around 10.15 p.m. and had tried to enter the bar but he was stopped by a security guard -Neeraj by saying that the entry for the said day was only for the couples. As per the case projected in cross FIR in question, a fight took place between PSOs of Parth Wadia, who was there with his four friends and the security guards of the Bar and in the said incident, both the sides had suffered injuries, which were found to be of simple nature. As per the version given in these FIRs, the security guard of the KEYA Bar -Neeraj is said to have been fled away from the spot after waiving a knife and one of the PSOs of Parth Wadia was found to be armed with a pistol. Initially, the FIRs were registered for the offence under Section 323/324/452/506/34 IPC and Section 27 of the Arms Act and later on, offence under Section 307 IPC was also added. The first five petitioners of the above captioned first petition are said to be from respectable families and petitioner -Sukhvinder Singh [Crl.M.C.No.4762/2014] is stated to be Manager of the KEYA Bar and rest of the petitioners [except petitioner Ranvijay Singh of Crl.M.C.No.5713/2014] are the PSOs and security guards of the said Bar and have placed on record their respective affidavits seeking quashing of the cross FIRs.