Lakhan And ORS v. State Of NCT Of Delhi & ANR.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3640/2025 & CRL.M.A. 16013/2025 LAKHAN AND ORS .....Petitioners Through:

Mr. Kanishk Khullar, Adv.

(through VC) Ms. Yoshita Khullar, Adv.

P-2, 4 & 5 in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Kiran Bairwa, APP for the State with SI Sonu Kumar, PS Okhla Mall Area.

Mr. Sushil Kr. Gupta, Adv. for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 26.08.2025 1.

The present petition is filed seeking quashing of FIR No. 5/2020 dated 06.01.2020, registered at Police Station Okhla Industrial Area, for the offence under Sections 324/34 of the Indian Penal Code, 1860 ('IPC') on the ground of settlement between the parties.

2.

Serious allegations have been made against the petitioners in the present FIR. It is alleged that on 06.01.2020, due to a prior dispute over mortgaging of a mobile phone, Petitioner Nos. 2 and 3 abused Respondent No.2 and gave him beatings. In the meantime, the other petitioners also came to the spot and while Petitioner Nos. 1, 2 and 5 caught hold of Respondent No.2, the other two petitioners stabbed him.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:32:57

3.

It is stated that the injury caused to Respondent No.2 was opined to be grievous in nature.

4.

It is further stated that Petitioner Nos. 2 and 3 are involved in other cases as well. It is pointed out that Petitioner No. 2 is also involved in FIR No. 682/2015, registered at Police Station Okhla Industrial Area, for the offence under Sections 308/34 of the IPC. Petitioner No. 3 is stated to be also involved in FIR No. 209/2025, registered at Police Station N.F. Colony, for offence under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023; FIR No. 382/2015, registered at Police Station O.I. Estate, for the offences under Sections 308/324/34 of the IPC; and FIR No. 208/2018, registered at Police Station Govind Puri, for the offence under Section 324 of the IPC.

5.

Looking at the aforesaid prior involvements of Petitioner Nos. 2 and 3, the possibility of the complainant being threatened in order to arrive at a compromise cannot be ruled out. 6.

Even otherwise, considering the antecedents of Petitioner Nos. 2 and 3 as well as the nature of the allegations and propensity of the offence, this Court does not consider it apposite to exercise discretionary powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR only because the complainant / Respondent No.2 has settled the dispute with the petitioners.

7.

The present petition is, therefore, dismissed. Pending application(s) also stand disposed of.

AMIT MAHAJAN, J AUGUST 26, 2025/'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2025 at 12:32:57