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High Court of DelhiCRL.M.C./5239/2025

Dharampal & ORS. v. State NCT Of Delhi & ANR.

2025-08-05Hon'Ble Mr. Justice Arun Monga4 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5239/2025 and CRL.M.A. 22670/2025&CRL.M.A. 22671/2025 DHARAMPAL & ORS.

.....Petitioners Through:

Mr. Girish Bhardwaj and Mr. Ashish Kumar B., Advocates with petitioners in person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 05.08.2025 1.

Petitioner herein seeks quashing of an FIR No. 368/2015 dated 06.06.2015, for the alleged offences under Sections 34, 341, 352, 427, 506 of IPC, registered at Pandav Nagar, Delhi, as well as the consequential proceedings arising therefrom, on the basis of a compromise arrived at between the parties.

2.

At the relevant time allegation was that due to misunderstanding a quarrel took place between the petitioners and respondent no. 2 and that they jointly created nuisance leading to the FIR, ibid. 3.

Parties are known to each other and all live in the same neighbourhood. It is now stated that there was some serious The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

misunderstanding that led to the unsavoury incident and the resultant FIR. 4.

Learned counsel for the petitioners submits that during the pendency of the proceedings, the parties have now amicably settled the matter vide MOUs dated 20.07.2024 and 27.04.2025.

5.

He argues that if the proceedings of the present FIR are allowed to be continued then it will only result in the abuse of process of law and as such the quashing of the FIR and the proceedings arising there from is necessary for securing the ends of Justice.

6.

In the aforesaid backdrop, I have heard learned counsel for the parties as well perused the case file.

7.

The parties are present in Court and I have interacted with them. Upon a Court query put to respondent no. 2, he candidly submits that the settlement has been reached out of his own free will, without any duress or coercion. He further submits that he does not wish to press charges against the petitioners, as the matter has been amicably resolved. He also clarifies that the allegations at the relevant time stemmed from an altercation in heat of the moment which led to the unpleasant incident. 8.

The present case is an outcome of the quarrel between the parties and due to the temperamental differences crowded up between the parties resulting into the present F.I.R and now, since the parties have already settled the dispute and have condoned the faults of each other, hence no useful purpose would be served to let the present proceeding continue. 9.

It is borne out that both sides/parties engaged in cross-allegations, resulting in the registration of three FIRs that were filed by the Petitioners and Respondent against each other. The criminal proceedings initiated by the Petitioner No. I against Respondent No.2 and other co-accused namely The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Khalil Khan, Farook Khan, Nairn, being SC No. 431 of 2016 FIR NO. 275 of 2011, under Section 325-341/323/34 IPC PS: Pandav Nagar was pending before the LD. ASJ-03, East District Karkadooma was dropped on 29.09.2024 pursuant to Memorandum of Understanding dated 20.07.2024. 10.

In pursuance to the Memorandum of Understanding dated 20.07.2024, the case filed by the Respondent No. 2, SC No. 992/2016, FIR No. 276 of 2011 under Section 308/341/323/34 IPC PS: Pandav Nagar has been quashed by Coordinate Bench of this Court vide an order dated 09.09.2024. 11.

Both parties, however, now express remorse over their past conduct. 12.

Given that the complainant no longer wishes to pursue the charges and the parties have amicably resolved their dispute, the continuation of criminal proceedings would be an abuse of the process of law. Since the matter is purely personal in nature and involves no element of public interest, carrying on with the trial would be a futile exercise, wasting valuable judicial time and public resources. In these circumstances, I see no reason why the present FIR should not be quashed. 13.

In such circumstances, continuation of proceedings may result in hostility between the parties and defeat the very purpose of such settlement. 14.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS it is deemed expedient to quash the FIR no. 0687/2022. Reference in this context may also be had to judgment rendered in the case of Gian Singh v. State of Punjab &Anr. [(2012) 10 SCC 303]. 15.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No. 368/2015 dated 06.06.2015 for the alleged offences under Sections 341, 506, 34 of IPC, registered at Pandav Nagar, Delhi, against the petitioner nos. 1 to 7 and further proceedings arising therefrom, are hereby The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

16.

All pending application(s) if any, shall also stand disposed of. ARUN MONGA, J AUGUST 5, 2025/kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.