Point of Law: Section 95 of IPC deals with act causing harm and discards conviction of accused in trivial matters which are petty in nature and no man of prudence and ordinary nature would seek to complain against such acts before court of law.

JUDGMENT :

1. The present petition is filed under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for quashing of FIR bearing no.194/2015 registered under sections 341/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) at P.S. Vikas Puri, New Delhi with all consequential proceedings including impugned judgment dated 24.09.2018 passed by the Court of Ms. Smita Garg, Additional Sessions Judge, West, Fast Track Court, Tis Hazari Courts, Delhi in Criminal Revision no.485/2017 titled as Bhagwan Dass Vasudeva & Ors. V. State (NCT of Delhi).

2. The respondent no 2 was ordered to be impleaded vide order dated 17.05.2017. The respondent no.2 stated to be expired and this Court vide order dated 18.02.2020 directed the concerned Investigating Officer to submit the names of the Legal Representatives of the respondent no 2 and in pursuance of the order dated 18.02.2020, Raghu Nath Singh Rathor, father and Renu Singh Rathor, Wife of the complainant appeared before this Court on 11.03.2022.

3. FIR bearing no. 194/2015 dated 23.02.2015 was got registered under sections 341/323/34 IPC at P.S. Vikas Puri, Delhi on the basis of the complaint made by the respondent no 2 pertaining to incident happened on 22.02.2015 wherein the petitioners were implicated. The charge sheet in pursuance of FIR bearing no 194/2015was filed after completion of the investigation and the court of Metropolitan MagistrateM-05 (West), Delhi (hereinafter referred to as “the trial court”) vide order dated 17.05.2017 ordered for framing of the charges for offences punishable under sections 323/341/34 IPC against the petitioners. The petitioners being aggrieved by the order dated 17.05.2017 preferred Criminal Revision Petition bearing no.485/2017 titled as Bhagwan Dass Vasudev & Ors. V. The State (NCT of Delhi) which was dismissed vide order dated 24.09.2018 (hereinafter referred to as “the impugned order”) passed by the Court of Ms. Smita Garg, ASJ/FTC (e-Court), West, Tis Hazari Courts, Delhi (hereinafter referred to as “the revisional court”).

4. A cross FIR bearing no. 193/2015 dated 23.02.2015 was also registered under sections 341/323 IPC at P.S. Vikas Puri on the basis of complaint made by the petitioner no.1 wherein the respondent no.2 (since deceased) was implicated.

5. The respondent no 2 in FIR bearing no 194/2015 alleged that the petitioner no1 on 22.02.2015 has put up a ramp in front of the gate of his house and at about 10:30 pm the respondent no 2 was abused and slept by the petitioner no1 when he was talking with the petitioner no.1 and when he was going back to his house then the petitioner nos.2 and 3 who are the son and nephew of the petitioner no1, stopped and picked up a quarrel with him. The petitioner no.2 also pushed Renu Singh wife of the respondent when she came at the spot and as a result of which she fell down and got injured. The respondent no 2 also stated these persons obstructed him as well as Renu Singh and caused injuries to both of them. The respondent no 2 and Renu Singh were medically examined vide ME No 2744/15 and MLC No1530/15 at Deen Dayal Upadhyay Hospital respectively and their medical examination reflected that they received simple blunt injury and blunt injury respectively. Thereafter on the basis of medical report, FIR bearing no194/2015 under sections 341/323/34 IPC was registered at P.S. Vikas Puri, New Delhi.

6. The petitioner no.1 in cross FIR bearing no193/2015 alleged that he made a ramp outside his flat and the respondent no 2 on 22.02.2015 at about 10:30 pm came to his flat and picked up a quarrel abused the petitioner no.1 and when the petitioner no1 was returning to his house, the respondent no 2 obstructed and slept him several times. The statement of the petitioner no1 was recorded by the police and was sent for medical examination in DDU Hospital which reflected that the petitioner no 1 received simple blunt injury. Thereafter, FIR bearing no.193/2015 dated 2