Delhi High Court Quashes FIR Against 13 Persons Over Scuffle During Bar Association Elections At Local Court

Update: 2021-09-02 11:45 GMT
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The Delhi High Court has quashed an FIR registered against 13 persons in connection with a scuffle that ensued during Bar Association Elections at Dwarka District Court. The FIR was quashed in view of settlement between the parties involved.Justice Mukta Gupta quashed the FIR after assurance was given by the Petitioner-accused that they will not repeat any such behaviour in the future and...

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The Delhi High Court has quashed an FIR registered against 13 persons in connection with a scuffle that ensued during Bar Association Elections at Dwarka District Court. The FIR was quashed in view of settlement between the parties involved.

Justice Mukta Gupta quashed the FIR after assurance was given by the Petitioner-accused that they will not repeat any such behaviour in the future and that they undertake to deposit cost in order to show remorse for their actions.

"In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question," the Court said.

Furthermore, the Court imposed cost on the petitioners to he deposited with the Dwarka Court Bar Association within two weeks.

"Consequently, FIR No.451/2019 under Sections 323/341/325/308/ 506/34 IPC registered at PS Dwarka South, Delhi and proceedings pursuant thereto are hereby quashed subject to the petitioners depositing a cost of ₹1,000/- (Rupees one thousand only) each or a consolidated cost of ₹13,000/- (Rupees thirteen thousand only) with Dwarka Court Bar Association Account with State Bank of India within two weeks," the Court said.

The concerned FIR was registered under sec. 323, 341, 325, 308, 506 and 34 of IPC on the complaint made by two persons who were injured in the scuffle.

The investigating officer apprised the Court that sec. 325 of IPC which provides punishment for voluntarily causing grievous hurt was invoked since one of the complainants' tooth was broken due to the fight. It was also informed that similarly, sec. 308 was invoked as one of the accused was allegedly possessing an iron instrument. 

The respondents complainants also apprised the Court that the issues between them and petitioners have been settled vide a MoU dated March 6, 2021. 

In view of the aforesaid, the FIR was quashed by the Court.

Case Title: VIKAS BADESARA & ORS. v. STATE & ORS.

Click Here To Read Order

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