Abhay Rana & ANR. v. The State Through Sho Ps Jyoti Nagar & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 192/2025 and CRL.M.A. 1637/2025 ABHAY RANA & ANR.

.....Petitioners Through:

Mr. Akshay Tomar, Advocate with petitioners in person.

versus THE STATE THROUGH SHO PS JYOTI NAGAR & ANR.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, for the State with SI Pankaj Kumar, PS - Jyoti Nagar.

Mr. Varun Jawla, Advocate for respondent no. 2 with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 20.08.2025 1.

Petitioners herein seek quashing of an FIR No. 313/2024, dated 01.08.2024 under Sections 115(2) (Voluntarily causing hurt), 126(2) (Punishment for wrongful restraint), 351(3) (Punishment for Criminal intimidation), 110 (Attempt to commit culpable homicide), 3(5) (Common Intention) of the BNS registered at Police Station Jyoti Nagar, Delhi, and all the criminal proceedings emanating therefrom, on the basis of a compromise between the parties.

2.

Parties are present in court. It is now stated that FIR was the result of some misunderstanding arising out of a heated altercation. Complainant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

while returning entered into a brawl unwittingly with several boys living in the neighbourhood. They abused, threatened and assaulted him. 3.

Learned Counsel for the petitioner submits that the present case arises from a personal dispute between neighbours which has already been amicably resolved between the parties through a Compromise Deed dated 04.08.2024. He further submits that the petitioners have also expressed remorse and apologised. Their apology has been accepted by respondents No. 2 and he is now supporting quashing of FIR. 4.

Upon a query put to Respondent No.2, he candidly submits that the matter has been amicably settled without any duress, coercion and on own his own will and thus submits that he does not wish to press any charges against the petitioner.

5.

Both the counsel for Respondent No. 2 and the learned APP for the State concur with the factum of the compromise between the parties and convey their no objection to the quashing of the FIR. 6.

In the aforesaid backdrop, I have heard learned counsel for the petitioners and respondent no. 2 as well as perused the material available on record.

7.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not involve any public interest or interest of the society at large. Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement, particularly when the complainant himself does not wish to pursue the case. 8.

Quashing the FIR would rather facilitate the parties in maintaining or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

restoring cordiality. Therefore, the proceedings deserve to be quashed in the exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

9.

Even otherwise, it is debatable whether the ingredients of the alleged offences, as per the penal sections invoked in the FIR are made out. 10.

Invoking inherent powers vested with this Court under Section 528 of the BNSS, it is therefore deemed appropriate to quash the FIR in question. 11.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No. 313/2024 dated 01.08.2024 for the alleged offences under Sections 115(2), 126(2), 351(3), 110, 3(5) of BNS, registered at Police Station Jyoti Nagar, Delhi, and further proceedings arising therefrom, are hereby quashed.

12.

Stay petition is also decided accordingly.

ARUN MONGA, J AUGUST 20, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.