MONU AND ORS. vs THE STATE AND ORS

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:21st February, 2025 + CRL.M.C. 3201/2021 1. MONU S/o Late Madan Lal .....Petitioner No.1 2. AMIT @ SUNNY S/o Late Gabbar singh ....Petitioner No. 2 3. AKASH KUMAR @ LINDA S/o Sh. Surjeet Singh ....Petitioner No. 3 Through: Ms. Sakshi, Ms. Anuradha and Ms. Anamika, Advocates with Petitioners in person. versus 1. THE STATE Govt. of NCT of Delhi .....Respondent No.1 Through: Mr. Shoaib Haider, APP for the State with W/SI Sanju Kumari, PS Palam Village with Complainant. 2. SH. VIKRAM KUMAR JHA S/o Sh. Shatrughan Jha ....Respondent No. 2 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Petition under Article 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed on behalf Signature Not Verified CRL.M.C. 3201/2021 Page 1 of 4 Digitally Signed By:VIKAS ARORA Signing Date:26.02.2025 14:47:27 of the Petitioners for quashing of FIR No. 327/2016 under Section 308/325/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Palam Village, New Delhi and the proceedings emanating therefrom. 2. Issue notice. 3. On advance Notice, Mr. Shoaib Haider, learned APP accepts notice on behalf of the State. 4. Briefly stated, on 26.08.2016, the Complainant/Respondent No.2 went to see the House for rent in Gali No. 5, Mahavir Enclave at around 6:00 p.m. The Petitioners and the Complainant were friends and neighbours. Thereafter, he had been taken to the park by one Sonu (since deceased). Sonu sent Sunny and asked for beer, then Sonu said that this is the boy. There were already some boys drinking alcohol and some playing games. He was called first to drink alcohol with them. Thereafter, Sonu along with some other