AJAY KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) BY this joint petition under Section 482 Cr. P. C. , the petitioner and the respondent No. 2/complainant seek quashing of FIR No. 253/2007 registered at Police Station Anand Vihar under Section 307 IPC (Annexure-A) and all proceedings emanating therefrom.

(2.) THE allegations as contained in the First Information Report are that on 6th May, 2007 at about 23. 30 hours, at a marriage function, when the respondent No. 2-complainant was serving food to the guests, the petitioner who had come to attend the marriage and was holding a revolver in his right hand and firing shots in the air, fired a shot which hit the respondent No. 2-cornplainant in his left leg above the knee. Resultantly, the respondent no. 2-complainant was admitted to hospital where the Investingating Officer recorded his statement, on the strength of which the First Information report was registered on the following day, i. e. , 07. 05. 2007. On the very next day, i. e. , on 08. 05. 2007, however, the respondent No. 2 complainant appeared before the Court of the learned Additional Sessions Judge with his counsel and submitted that he did not want to pursue the First Information report and that an application to this effect had already been moved by him before the learned ACMM, Karkardooma Courts, Delhi and that the parties would be moving the High Court in due course of time. On his aforesaid statement, an anticipatory bail order was granted to the petitioner (Annexure 'b' ).

(3.) A bare glance at the application moved by the respondent No. 2 before the ACMM, Karkardooma Courts, Delhi, copy whereof has been placed on record as Annexure-C to the petition, shows that the said application was moved on the very same day that the FIR was registered, that is, on 7th may, 2007. The respondent No. 2 clarified in the said application that though a criminal case had been registered on the PCR call made, he was not interested in the registration of a criminal case against, anyone, but being uneducated had been unable to express his wishes. In para 2 of vthe application, he further stated that he did not want to initiate any kind of criminal proceedings against any person in the above noted matter and that he would also be moving a petition for the quashing of the First Information report before the Delhi High Court as early as possible.