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High Court of DelhiCRL.M.C./4346/2025

Om Prakash And Others v. State Of N.C.T. Of Delhi And Another

2025-12-11Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4346/2025 OM PRAKASH AND OTHERS .....Petitioners Through:

Ms. Garima Sachdeva, Adv.

Petitioners in person.

versus STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State.

SI Sachin Panwar, PS Fatehpur Beri Mr. R.C. Tiwari, Ms. Garima Sachdeva and Mr. Shivank Sharma, Advs. for R-2 along with R2.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 11.12.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioners praying for quashing of FIR No.341/2019 registered at Police Station - Fatehpur Beri for the offences punishable under Sections 323/354(B)/509/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The allegations, as emerging from the FIR and the complaint, state that the incident arose out of a neighborhood dispute. It is alleged that on 02.09.2019, the accused persons, namely Om Prakash along with his associates, had a quarrel with the complainant after garbage from a cleaned drain was allegedly placed in front of her house. Later that night, at about The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10:30 PM, the accused persons, allegedly in an intoxicated condition, came to the complainant's house, abused her in filthy language, forcibly pushed the gate, and assaulted her. It is further alleged that when the complainant protested and called the police helpline, the accused became more aggressive, physically assaulted her, caught hold of her husband when he tried to intervene, and one of the accused allegedly struck the complainant on her stomach, chest, and head, tore her clothes, and outraged her modesty, causing her to become unconscious. The complainant claims that she was thereafter taken to hospital for treatment and expressed apprehension of further harm, on the basis of which the was registered. 3.

Learned counsel appearing on behalf of the petitioners submitted that chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Compromise deed dated 24.05.2025 is on record and has been annexed as Annexure P-3. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No.341/2019 registered at Police Station - Fatehpur Beri against the petitioners. 5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6.

Learned APP for the State submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 7.

Heard learned counsel for the parties and perused the record. 8.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Fatehpur Beri. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties. Respondent no. 2 also submits that she is looking ahead and taking steps to rebuild and move on in her life. 10.

Keeping in view the fact that the matter stands settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending, rather the same would create further acrimony between them.

11.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

12.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No.341/2019 registered at Police Station - Fatehpur Beri for the offences punishable under Sections 323/354(B)/509/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 13.

The petition alongwith pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J DECEMBER 11, 2025/AS/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.