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2023 Supreme(Del) 3786

DINESH KUMAR SHARMA
Birmaji – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Gautam Khazanchi and Mr.Vinayak Chawla, Advocates, for the Petitioner.
Mr. Amit Sahni, APP, for the State with SI Vikas Fageria, PS Tilak Nagar.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr.PC for quashing of FIR No. 1589/2014 under Sections 341/323/324/34 IPC registered at Police Station Tilak Nagar and proceedings emanating therefrom.

2. Briefly stated facts of the case are that the Petitioners No 1, 2 and 3 are brothers residing in Shyam Nagar in Tilak Nagar. Similarly, Respondents Nos. 2 and 3 are brothers and are also neighbors to the Petitioners. On 19.12.2014, FIR bearing No. 1589/2014 was registered by R2 at PS Tilak Nagar u/s 341, 323, 324 and 34 of the IPC. It was alleged by the Complainant/R2 that at around 10:00 am, Petitioner No. 1 asked the Respondent No. 2 to move his vehicle that was parked outside the Petitioners' Jhuggi. Petitioner No.1 told him to wait for his boy who has the keys. In the meantime, Petitioner No. 1's younger brothers i.e Petitioner No. 2 and Petitioner No. 3 also came and started quarrelling with the respondent. The Petitioners then caught hold of the Complainant and Petitioner No. 3 attacked the complainant with a knife. Petitioner No. 2 also beat the brother of the Complainant. After investigation, charge sheet was filed against t

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