Umair v State ( GOVT NCT OF DELHI) AND ORS & ANR (CRL.M.C. 674/2021)

Background

In the present case, the FIR was registered against the accused for stabbing the complainant on the stomach.

During investigation, the accused stated that when he was arguing with his mother, the complainant slapped him which made him feel insulted. In anger, therefore, he took a knife from a vegetable vendor and stabbed the complainant.

After the intervention of the parents and the well-wishers, the parties decided to settle their disputes.

Observation of Court

  1. The accused is a 21-year-old youngster having entire life ahead of him and the fact that the parties have entered into a settlement, this Court is inclined to exercise its jurisdiction under Section 482 Cr.P.C to quash the FIR on the ground that the parties have entered into a compromise. The petitioner, who is appearing in person along with his counsel, is warned not to indulge in such activities and repeat the offence in future.
  2. The Court has also taken into consideration that the accused had no criminal antecedents and did not abscond.
Held
  1. Justice Subramonium Prasad quashed the FIR registered for an attempt to murder, the Delhi High Court has asked a 21-year-old accused to do one-month community service at Gurdwara Bangla Sahib.
  2. The Court also directed the accused to deposit Rs. 25,000 each in DHCBA Lawyers Social Security and Welfare Fund, Nirmal Chhaya Foundation, Delhi Police Welfare Fund and Army Welfare Fund Battle Casualties, as costs.

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