Kamesh & Ors v. The State of Delhi and Ors

TALWANT SINGH, J SEPTEMBER 12, 2022/nk/pa

Click here to check corrigendum, if any

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 12.09.2022 + W.P.(CRL) 1030/2022 KAMESH & ORS. ..... Petitioners Through: Mr. R.S. Juneja, Ms. Mahinder Kaur Juneja and Mr. Shiv Kumar, Advs. versus THE STATE OF DELHI AND ORS. ..... Respondents Through: Mr. Sanjay Lao, Standing counsel with Mr. Karan Jeet Rai Sharma, Ms. Priyam Agrawal & Ms. Supriya Manan, Advs. with SI Sunny, PS Roop Nagar. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed for quashing of FIR No. 0097/2022 dated 12.02.2022 under Sections 307/34 IPC registered at PS Roop Nagar, Delhi against the present petitioners no.1 to 3 on the complaint of respondent no.2. 1.1 In brief facts, it is stated that the said FIR was registered on the complaint of one Sonu Khari, who is respondent no.2. A copy of the FIR has been annexed as Annexure -A. The sum and substance of the FIR is reproduced hereunder:- "Statement of Sonu Khari S/o Lt. Sh. Rakesh Khari R/o H. No. 5764, Gali No. 6, New Chandrawal, Delhi, aged 37 years, Mob. 9910464960 stated that I reside at the above said address alongwith my family and do the job as a Contractor in MCD. Yesterday on dated 11.02.2022 at about 11: 30pm at night I was at my house, Tenant told me that a quarrel has taken place between your cousin brother and Rajan Khari who reside at Gali no. 5 New Chandrawal, Delhi. I immediately alongwith Gaurav's mother reached at Gali no. 5 near the the house of Rajan Khari, where arguments between Gaurav and Rajan Khari were going on. That I and Gaurav;s mother tried t intervene and made Gaurav understand and were taking him back to the home. When we reached a little ahead in the street then Rajan Khari along with his nephew kale and Shivam came from back and Rajan Khari stated to me that saale I will kill you, I had left you before also and after saying this Rajan, Kale and Shivam started beating me with fist and blows and during this Rajan pull out the knife which was with him and Kale and Shivam caught hold me and Rajan stabs me one after another and said I will not leave you today. That my brother Gaurav tried to intervene then 2-3 more associates of Rajan Khari reached there in which one person was a Sikh. Then, that Sikh, Rajan, Kale and Shivam again started beating Gaurav in which Rajan, Shivam and Sikh caught hold Gaurav and Kale after taking knife from Rajan started stabbing one after another with knife. That we tried to intervene but Rajan's associates again started beating us with fist, blows and sticks and kept on threatening to kill us. That I and Gaurav started bleeding a lot. That after seeing this, all of them while threatening ran away from there. That my Uncle's (tau) son namely Shekhar also reached there who took us to the Hindu Rao Hospital where our treatment is going on. That my brother called the PCR. That you came to the hospital but due to ongoing treatment and pain we couldn't able to give our statement. That now I had given you my statement. That Rajan Khari, Kale, Shivam and his associates with the intention of killing us has attacked us with deadly weapon. Legal action be taken against them. I can indentify the associates of Rajan Khari if they come before me. You have recorded my statement which I have read and heard nad found correct. SD English Sonu…." 1.2 It has been further mentioned that respondent no.2, Sonu Khari and respondent no.5, Gaurav Khari had suffered injuries in respect of which, MLC bearing no. 650/2022 of Sonu Khari and MLC bearing no. 645/2022 of Gaurav Khari, were prepared. The petitioner no.1 had also suffered grievous injury. A cross FIR on the complaint of petitioner no.1 bearing No. 100/2022 under Sections 325/341/506/34 IPC was also registered against the respondents. The petitioners and the respondents are residing in the same area and they are known to each other for the last number of years. The quarrel star