Yashi Singh vs. State Of Nct Of Delhi & Anr.

Facts

The petitioner, Yashi Singh, sought to quash FIR No. 0384/2023 registered at Police Station IGI Airport, Delhi, for offences under Section 25 of the Arms Act. The FIR was lodged after 23 cartridges (19 live, 4 empty) were found in the petitioner's luggage during travel on July 1, 2023. The cartridges belonged to her father, Shri Hari Nath Singh, an Additional Commissioner, GST, Meerut, who possessed a licensed revolver. The father had brought his arms and ammunition for license renewal on June 6, 2023, and inadvertently left the ammunition in a trolley bag. The family, unaware of the ammunition, travelled to IGI Airport. The luggage was tagged in the petitioner's name, leading to the FIR. The petitioner sought quashing on grounds of amicable settlement, an unconditional apology, and an undertaking not to repeat the offense.

Held

The Court held that the FIR No. 0384/2023 registered under Section 25 of the Arms Act and the proceedings pursuant thereto should be quashed. The Court noted that the petitioner, a medical student, was travelling with her father, who possessed a valid arms license. The cartridges were found inadvertently in her luggage and belonged to her father. The petitioner had tendered an unconditional apology and given an undertaking before the Court that such an incident would not be repeated in the future, demonstrating remorse. The Court found no legal impediment to quashing the FIR, considering it to be in the interest of justice. The Court explicitly stated that it was inclined to quash the FIR and found no legal impediment to doing so. The petition was allowed, and the FIR and proceedings were quashed.

Key Issues

1. Whether the FIR No. 0384/2023 registered under Section 25 of the Arms Act, and the proceedings pursuant thereto, should be quashed on the grounds of amicable settlement, unconditional apology, and an undertaking by the petitioner. Petitioner's Argument: The petitioner argued that the matter had been settled amicably with the complainant. She had tendered an unconditional apology and provided an undertaking that such an incident would not recur. She also highlighted that the cartridges belonged to her father, who held a valid arms license, and their presence in her luggage was inadvertent. The petitioner sought the quashing of the FIR and subsequent proceedings. Revenue/State's Argument: The State, through the Additional Standing Counsel, submitted that the petitioner was the sole accused and that her father's arm license had been verified. The State acknowledged that the cartridges were found inadvertently in the petitioner's possession and belonged to her father. The accused/petitioner had tendered an apology and affirmed before the Court that such an incident would not occur in the future, showing remorse. The State did not oppose the quashing of the FIR.