Full Judgment Text
2021:DHC:738
$~28
IN THE HIGH COURT OF DELHI AT NEW DELHI
*
Date of decision: 26.02.2021
+ CRL.M.C. 653/2021 & Crl.M.A. 3177/2021
HAMMAD KHAN (MINOR) & ORS. ..... Petitioners
Through: Mr. Noor Alam, Advocate with
petitioners
Versus
THE STATE & ANR. ..... Respondents
Through: Mr. Pannal Lal Sharma, Additional
Public Prosecutor for respondent
No.1/State with SI Shailendra Kumar
Singh
Mr. Noor Alam, Advocate with
respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. Vide this petition, quashing of FIR No. 51/2021, registered at
police station Jamia Nagar, Delhi for the offences under Section 395
IPC is sought by petitioners.
2. Notice issued.
3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for
respondent No.1/State accepts notice. He has opposed this petition on
CRL.M.C. 653/2021 Page 1 of 3
2021:DHC:738
the ground that the FIR has recently been registered and there are eight
accused persons, out of which four accused are minor and that
investigation is in progress.
4. With the consent of learned counsel for the parties, the present
petition is taken up for final hearing and disposal.
5. Learned counsel for petitioners submits that in this petition, he
is appearing on behalf of complainant as well. He further submits that
the complainant and petitioners are living in the same area and due to
some misunderstanding a quarrel took place amongst the children,
which resulted into registration of FIR in question.
6. Learned counsel for petitioners further submits that all
petitioners are minor and except petitioner No.2, all the petitioners
were apprehended and sent to Observation Homes. Learned counsel
next submits that the complainant of FIR in question, who is a minor,
is present in the Court with his father and parents of petitioners are
also present in the Court.
7. Both the sides have prayed before this Court that the parties to
this petition are minor and for their better future prospects, a lenient
view be taken and the FIR in question be quashed.
CRL.M.C. 653/2021 Page 2 of 3
2021:DHC:738
8. Keeping in view that the dispute between the parties has been
amicably resolved and also the fact that the parties involved are minor
and living in the same area, therefore, to restore cordiality and better
future prospects, this Court is inclined to quash the FIR in question.
9. Accordingly, FIR No. 51/2021, registered at police station
Jamia Nagar, Delhi and proceedings emanating therefrom are hereby
quashed.
10. The petition and pending application are accordingly disposed
of.
(SURESH KUMAR KAIT)
JUDGE
FEBRUARY 26, 2021
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CRL.M.C. 653/2021 Page 3 of 3