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High Court of DelhiCRL.M.C./2433/2026

Ashok Kumar And ORS v. State NCT Of Delhi And ANR

2026-04-02Hon'Ble Dr. Justice Swarana Kanta Sharma4 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2433/2026 ASHOK KUMAR AND ORS .....Petitioners Through:

Mr. Vimal Puggal, Advocate with petitioners in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Naresh Kumar Chahar, APP for State with SI Deepanshu Sangwan, PS: Anand Parbat.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 02.04.2026 CRL.M.A. 9934/2026 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2433/2026 3.

By way of the present petition, the petitioners seek quashing of the Complaint Case bearing no. 12025/2016, filed before the Chief Metropolitan Magistrate, Delhi, for the commission of offences punishable under Sections 147/324/452/149 of the Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings emanating therefrom on the basis of settlement arrived at between the parties.

4.

Issue notice. The learned APP accepts notice on behalf of the State. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned, Police Station, Anand Parbat, Delhi. 6.

Brief facts of the case are that the present complaint has been filed by Respondent No. 2 alleging that on 20.12.2010 at about 7:30 PM, while she was present at her residence along with her husband, the petitioners, along with two other persons, formed an unlawful assembly and forcibly trespassed into her house. It is alleged that they assaulted her and her husband using dandas, sticks, and rods, causing injuries to both of them. The matter was reported to the police; however, no action was taken. Consequently, Respondent No. 2 filed a complaint case bearing C.C. No. 12025/16 titled Savita vs. Ashok Kumar & Ors. under Sections 147/324/452/149 IPC, which is presently pending adjudication before learned JMFC, West District, Tis Hazari Courts, Delhi. However, it is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Memorandum of Understanding (MoU) dated 23.01.2026.

7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the present FIR is quashed. 8.

In view of the above, that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

There is no legal impediment in quashing the FIR in question. 9.

Accordingly, Complaint Case bearing no. 12025/2016, filed before the Chief Metropolitan Magistrate, Delhi, for the commission of offences punishable under Sections 147/324/452/149 of IPC and all consequential proceedings emanating therefrom are quashed subject to the petitioners depositing a sum of Rs. 5,000/- each with the funds mentioned below, and the compliance report of the same be filed before this Registry within a period of one month.

S.No.

Fund Name Amount District and Sessions Courts Rs. 5,000/- Employees Welfare Association Fund Delhi High Court Employees'

Rs. 5,000/- Welfare Fund Delhi High Court Bar Clerk's Rs. 5,000/- Association Fund Delhi High Court Advocates Rs. 5,000/- Welfare Trust, Current A/C No.

15530210002995, UCO Bank, Delhi High Court, IFSC UCBA0001553 Delhi Police Martyr's Fund Rs. 5,000/- National Thalassemia Welfare Rs. 5,000/- Society The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 02, 2026/vc/ap The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.