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2023 DIGILAW 4146 (DEL)

Satish v. State (NCT of Delhi)

2023-07-18

TUSHAR RAO GEDELA

body2023
ORDER [ The proceeding has been conducted through Hybrid mode ] CRL.M.A. 5448/2023-EXEMP 1. Exemption allowed subject to just exceptions. 2. The application stands disposed of. CRL.M.C. 1418/2023 3. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner praying for quashing of FIR bearing No. 339/2013 dated 25.09.2013 under Section 307 of Indian Penal Code, 1860 r/w Section 30 of Arms Act, 1959 registered at Police Station, Palam Village and the proceedings emanating therefrom pending in the Court of learned ASJ-05, South West District, Dwarka Courts, New Delhi. 4. Learned counsel appearing for the petitioner submits that parties, that is, the petitioner as also the respondent No.2 are neighbours and live in the same society and on a complaint lodged by the respondent No.2, the instant FIR was lodged against the petitioner. 5. According to the learned counsel, the petitioner is an owner of a licensed double barrel gun and submits that it was only when the respondent No.2 had visited the shop of petitioner and the alleged acts of throwing stones at his house was committed by respondent no.2, that the petitioner was constrained to fire twice in the air with the aforesaid licensed double barrel gun. 6. It is an admitted fact that the present complainant i.e. the respondent No.2 has not been injured. 7. The petitioner and the respondent No.2, with the intervention of the elders in the society and the locality, they have settled their differences and on that account, respondent No.2 submits that he has no objection in case the FIR is quashed. 8. This Court has interacted with the respondent No.2 who affirms the fact that there has been a settlement by the intervention of the elders in the society and locality. He further submits that the FIR be quashed in terms of such settlement. He also submits that there is no undue influence, force or coercion at the time of settlement and the same has been entered into by him on his own free will and choice. 9. Keeping in view the settlement arrived at between the parties, it would be in the interest of justice to quash the aforesaid FIR. 10. This Court also takes support from the judgment of Narinder Singh and Others Vs. State of Punjab and Anr. , reported as (2014)6 SCC 466 ; and Gian Singh Vs. 9. Keeping in view the settlement arrived at between the parties, it would be in the interest of justice to quash the aforesaid FIR. 10. This Court also takes support from the judgment of Narinder Singh and Others Vs. State of Punjab and Anr. , reported as (2014)6 SCC 466 ; and Gian Singh Vs. State of Punjab and Another , reported as (2012)10 SCC 303 . 11. Accordingly, the FIR bearing No. 339/2013 under Sections 307 of IPC read with Section 30 Arms Act, registered at Police Station Palam Village and the case SC No. 440316/2014 titled State Vs. Satish stands quashed. 12. Learned counsel submits that to atone for the acts, the petitioner is willing to render community service. 13. It has been informed that the petitioner runs a chemist shop and therefore, it appears to this Court that the petitioner is ideally suitable to render service in a government hospital. 14. Accordingly, the petitioner is directed to render community service for a period of 25 days w.e.f., 24.07.2023 through till 17.08.2023 in Indira Gandhi Hospital, Dwarka, Delhi from 10:00 am to 03:00 pm. 15. The petitioner shall report to the Medical Superintendent, Indira Gandhi Hospital, Dwarka, Delhi on 24.07.2023 at 10:00 am in the morning, who shall assign appropriate work to the petitioner for the period from 24.07.2023 till 17.08.2023 from 10:00 am to 03:00 pm. 16. After the completion of the said period, the Medical Superintendent of Indira Gandhi Hospital, Dwarka, Delhi shall issue a certificate of the satisfactory completion of the aforesaid community service period. The same be filed by the petitioner before the next date of hearing. 17. The Medical Superintendant, Indira Gandhi Hospital, Dwarka, Delhi shall inform the I.O. forthwith in case of any default or absenteeism, who shall further inform the same to the learned APP for the State for bringing the said default, if any, to the notice of this Court. 18. The petition is disposed in view of the aforesaid directions. 19. A copy of this order be transmitted to the Medical Superintendent, Indira Gandhi Hospital, Dwarka, Delhi, for compliance. 20. List for compliance on 05.09.2023.