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2023 Supreme(Del) 1980

DINESH KUMAR SHARMA
Ankush Kumar – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Amit Chawla, Advocate along with Petitioners.
Mr. Raghuvinder Verma, APP for the State with SI Vikas Chand, PS Mandir Marg.
Mr. Karmvir Singh and Mr. Amrish Malik, Advocates, for the Respondent-2 along with Respondent-2.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 2958/2023 (exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.A. 2959/2023 (delay)

For the reasons stated in the application, the delay of 20 days in re-filing the petition is condoned.

Accordingly, the present application stands disposed of.

CRL.M.C. 777/2023

1. The present petition has been filed under Section 482 Cr. P.C. seeking quashing of FIR No. 204/2016 registered at PS Mandir Marg, Delhi, under Sections 308/34 IPC.

2. The FIR was lodged on the statement of the complaint under Section 308/34 IPC wherein it has been alleged that on 30.09.2016 at around 11.30 p.m. he had gone to drop his friend at Balmiki Mandir, Mandir Marg Bus stand where two unknown persons were in a verbal dual with each other. The complainant alleged that he tried to intervene between them but the in the meanwhile, two other persons from his colony namely Ankush and Neelam Kumar reached there and started fighting with the complainant. It was alleged that Ankushand Neelam Kumar first gave him a beating with the feast blows and thereafter when his friend tried to rescue the complainant, Neelam and Ankush hit the complainant with a brick on his

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