High CourtsSingle Bench(2020) 02 DEL CK 0070

Arvind Kumar Kajla vs State Of Nct Of Delhi & Ors.

Delhi High Court · Decided on 10 February 2020

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 564 Of 2020

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Judgment

29 paragraphs · 414 words

Suresh Kumar Kait, J

1.

Vide the present petition, the petitioner seeks direction thereby quashing of FIR No. 56/2020 dated 27.01.2020, registered at Police Station Narela

Industrial Area and all other proceedings emanating therefrom.

2.

Notice issued.

3.

Notice is accepted by learned APP for the State.

4.

With the consent of the counsel for the parties, the present petition is taken up for final disposal.

5.

The present petition is filed on the ground that the parties have settled their disputes and the respondent no. 3 has no objection if the present petition

is allowed.

6.

Respondent no. 3 is personally present in Court and he has been identified by SI Manoj /IO and submits that matter has been settled and he does

not wish to prosecute the matter any further.

7.

The petitioner and respondent no. 3 have amicably settled their disputes and to this effect, respondent no.3 has filed affidavit on record dated

29.01.2020 stating therein that he has no objection if present FIR is quashed.

8.

Learned APP submits that petitioner, who is government servant, fired his gun in the air and though he had a valid arms license for the said gun, if

this Court is inclined to quash the FIR, heavy cost may be imposed on the petitioner.

9.

At this stage, learned counsel for petitioner on instructions, has come forward and has agreed to contribute an amount of Rs. 5,00,000/- for welfare

purposes. Accordingly, petitioner is directed to pay an amount of:-

(a) Rs.1,00,000/- in favour of Delhi Police Martyrs Fund;

(b) Rs.1,00,000/- in favour of Delhi High Court Legal Services Committee

(c) Rs.1,00,000/- in favour of Blind School, Sewa Kutir, Kingsway Camp

(d) Rs. 1, 00,000/- in favour of Nirmal Chhaya, Jail Road, Hari Nagar, New Delhi for destitute women and children.

(e) Rs.1,00,000/- in favour of Indian Army Central Welfare Fund.

10.

Cost amount shall be paid within four weeks and copy of the same shall be furnished to the IO concerned.

11.

IO/SHO is directed to return the arm licence to the petitioner.

12.

Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

13.

Accordingly, FIR No. 56/2020 dated 27.01.2020, registered at Police Station Narela Industrial Area and consequent proceedings emanating

therefrom are quashed qua the petitioner only.

14.

The petition is allowed and disposed of accordingly.

15.

Order dasti under signatures of the Court Master.