Sh Shiv Kumar v. The State NCT Of Delhi & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 771/2025 SH SHIV KUMAR .....Petitioner Through:

Mr. R.K. Pandey, Mr. Arun K. Tiwari, Advocates with Petitioner.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State with SI Sunder Singh, PS Nangloi, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.07.2025 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.')/under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioner, Sh. Shiv Kumar for quashing of FIR No.456/2017 under Section 326 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') (Chargesheeted in under Section 324 IPC) registered at Police Station Nangloi, Delhi and all the consequential proceedings emanating therefrom, in view of the Compromise Deed dated 04.01.2025. 2.

Issue Notice.

3.

On advance Notice, learned APP has appeared and accepts the Notice on behalf of the State.

4.

Brief facts of the case are that the Petitioner and the Respondent No. 2 are living in the same vicinity and are known to each other. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Complainant's family consists his wife, parents and two children. He works in a shoe factory in Rao Vihar. On 04.11.2017 at about 10:00 p.m, after finishing his work, the Respondent No. 2/Complainant was going to his house. When he reached near the Transformer located at the corner of Lane No. 3, the Petitioner stopped and threatened him. Thereafter, Shiv Kumar abused the Respondent No. 2 and attacked the back of his left thigh with a sharp pointed weapon, due to which the Respondent No.2 got injured and fell down. The Petitioner fled away from the spot. The landlord of the Respondent No. 2 brought him to Sanjay Gandhi Memorial Hospital by car. 5.

On the Complaint of the Respondent No. 2, FIR No.456/2017 under Section 326 IPC (Chargesheeted in under Section 324 IPC) got registered at Police Station Nangloi, Delhi.

6.

With the intervention of the relatives, family members, well-wishers and respective members of both the parties, the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 04.01.2025. In the Settlement, it was inter alia settled between the parties that the Petitioner shall pay a sum of Rs.50,000/- in cash/RTGS/DD etc. towards full and final settlement of all the claims of the Respondent No.2/Complainant. It is also settled between the parties that they shall live peacefully in future. The nature of injuries certified as simple. 7.

Today, the Respondent No. 2, who is present in the Court, states that he has received all amounts due to him and has no objection if the said FIR is quashed.

8.

Both the parties have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the said Settlement.

9.

Considering the nature of the injuries and that they have settled the matter, the FIR No No.456/2017 under Section 326 IPC (Chargesheeted in under Section 324 IPC) registered at Police Station Nangloi, Delhi and all the consequential proceedings emanating therefrom are quashed. 10.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J JULY 22, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.