The Delhi High Court has refused to quash the FIR registered against a man accused of hitting his brother-in-law with cement brick 13 times.

“…this court is not inclined to quash the aforesaid FIR on the basis of compromise between the petitioner (accused) and respondent no. 3 (injured).”, Justice Amit Sharma held while dismissing the plea by accused.

In this case, the facts as per status report showed that a PCR Call was made reporting robbery and quarrelling at near Max Hospital, Delhi. Upon reaching the spot, it was found that the injured had already been rushed to the Hospital.

During the investigation, CCTV footage of the area was scrutinized by the police, wherein it was found that the petitioner-accused reached the spot holding a stick (danda), thereafter, he took off his shirt to cover his face with the same and picked up a cement brick and started attacking the injured.

Pursuant thereto, FIR was registered for offence under Section 307 of the IPC.

The Counsel for the petitioner submitted that the matter has already been settled between the petitioner and the injured, therefore, it was prayed that in view of the settlement, the present FIR be quashed.

On the other hand, APP for the State vehemently opposed the quashing of the present FIR on the ground that the injury inflicted, as per the MLC, was grievous in nature.

Advocate KK Vaid appeared for the petitioner whereas APP Hitesh Vali appeared for the State.

The Court observed that the evidence in the present chargesheet, is by way of CCTV footage and the possibility of conviction was therefore, not remote or bleak.

Apart from that, the Court noted that the manner in which the present petitioner inflicted injuries on the injured is gruesome.

Thus in view of the facts and circumstances of the case, the Court dismissed the plea of the accused.

Cause Title- Manoj v. State of NCT of Delhi & Ors. (Neutral Citation Number: 2023/DHC/001391)

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