Nikihil And ORS v. State Govt Of NCT Of Delhi And ANR
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2720/2026 & CRL.M.A. 11058/2026 NIKIHIL AND ORS .....Petitioners Through:
Mr. Nipun Bhardwaj and Mr. Pankaj Bhardwaj, Advocates with petitioners in person.
versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Digam Singh Dagar, APP for State with SI Vikrant Singh, PS:
Rajouri Garden.
Counsel (appearance not given) for R2 and R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 10.04.2026 CRL.M.A. 11057/2026 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 2720/2026 3.
By way of the present petition, the petitioners seek quashing of the FIR bearing No. 387/2015, registered at Police Station Rajouri Garden, Delhi, for the commission of offences punishable under Sections 323/341/295A/506/34 of the Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings emanating therefrom on the basis of settlement arrived at between the parties.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Issue notice. The learned APP accepts notice on behalf of the State. 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, Rajouri Garden, Delhi. 6.
Brief facts of the case are that the complainant/respondent no. 2 is engaged in the business of sale and purchase of used cars from his shop at Tagore Garden, New Delhi. That on 19.03.2015, two persons namely Khanna and Sonu approached the complainant at his shop and informed him that pavement construction work was underway in Rajouri Garden Market, however, the Market President Ramesh Singh Khanna/petitioner no. 5 was obstructing the same. That it is alleged that a complaint regarding the said obstruction had already been made to the senior authorities. That on 20.03.2015, pavement construction was carried out in front of certain shops, but 10-15 shopkeepers opposed and prevented construction in front of their respective shops. That on the same day, petitioner no.
5 informed the complainant telephonically that the Market Association was not permitting the construction work and requested him to come to Rajouri Garden Market. That thereafter, the complainant along with Karamjit Singh and Dinesh Kumar reached Rajouri Garden Market. That upon reaching there, they met Market President Ramesh Khanna/petitioner no. 5 along with IPS Walia/petitioner no. 3 and Nikhil/petitioner no. 2. That the complainant requested them to allow the pavement construction, however, it is alleged that the accused persons started throwing the construction material. That it is further alleged that petitioner no. 1, armed with a wooden rod, struck the complainant on his right arm, while petitioner no. 4 slapped him and thereafter petitioner no. 1 and Ajay i.e., petitioner no.
6 assaulted him with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
wooden rods. That due to the assault, the complainant fell on the ground. Upon the complaint by respondent no. 2, the present FIR came to be registered against the petitioners. 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 27.03.2026. 7.
On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. Therefore, he has no objection if the present FIR is quashed. 8.
However, this Court notes that the present FIR was registered in the year 2015, however, the learned Trial Court has not framed the charges in the case, without commenting on it since 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 wopuld thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.
Accordingly, FIR bearing No. 80/2021, registered at Police Station Hazarat Nizamuddin, Delhi, for the commission of offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
10.
The petition stands disposed of.
11.
The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J APRIL 10, 2026/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.