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High Court of DelhiCRL.M.C./5298/2025

Tejpal v. The State Of NCT Of Delhi & ANR.

2025-08-06Hon'Ble Mr. Justice Arun Monga3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEJPAL .....Petitioner Through:

Mr. Gaurav Patel, Mr. Abhishek Singh, Mr.

Ashish Kumar, Mr.Durgesh, Ms. Anchal Sharma and Mr. Shubham Pandey, Advocates.

Petitioner in person.

versus THE STATE OF 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

% 06.08.2025 1.

Petitioner herein seeks quashing of FIR No.593/2024 dated24.09.2024 registered at Police Station Alipur, under Section 118(1) of BNS, 2023, on the basis of a compromise arrived between the parties. 2.

Per FIR, the respondent no.2/ complainant and petitioner/accused, two friends, while consuming alcohol entered into a brawl and petitioner assaulted the complainant with a sharp object, causing stab injuries to him. The complainant was first taken to Hospital and mater was reported to police.

3.

Heard and perused the case file.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel for the petitioner submits that the parties, who have known each other for a considerable period of time, have now amicably settled their disputes in the spirit of brotherhood through a MOU/Settlement Deed dated 26.07.2025.

4.1. It is further submitted that the allegations, as recorded at the time of the incident arose from a momentary flare-up of tempers during an altercation, which ultimately resulted in both the complainant and the accused engaging in free fight and physical violence against each other. 5.

I have interacted with the parties who are present in Court. On a specific query put to respondent no.2 as to why he wishes to settle the matter at this stage despite having suffered, allegedly, a serious injury at the time of the incident, he states that he did not realise the adverse consequences of making such allegations against the petitioner, who is his long-time friend. 5.1 He further candidly states that as good friends they often consume alcohol together. On the fateful day, both exceeded their usual limit and were in an inebriated state when an altercation led to the unsavoury incident. Being under the influence of alcohol, respondent no.2 does not clearly recall the sequence of events. Though an injury was sustained, he states that he cannot now say with certainty that it was inflicted by the petitioner.

He admits it is equally possible that it occurred when he lost his balance during the scuffle. Respondent No.2 further expresses regret for having made the said allegations and affirms that he does not wish to press charges against the petitioner, the matter having been mutually settled. 6.

In the totality of the circumstances, this Court is of the view that continuation of the criminal proceedings would serve no useful purpose, as there appear to be no chances of conviction. Such continuation would also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

amount to a waste of judicial time and an abuse of the process of law. Moreover, it would risk rekindling hostility between the parties, which appears to have already subdued owing to their peaceful settlement, and may impair the spirit of bonhomie that the parties now seek to maintain. 7.

In the premises, the proceedings deserve to be quashed in the exercise of the inherent powers of this Courtunder Section 528 of BNSS. Reference in this regard may also bemade to the judgment in Gian Singh v. State of Punjab & Anr. [(2012) 10SCC 303].

8.

Accordingly, the petition is allowed and the FIR No.593/2024 dated 24.09.2024, registered at Police Station Alipur, under Section 118(1) of BNS, 2023, along with all consequential proceedings arising there from are hereby quashed.

ARUN MONGA, J AUGUST 6, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.