Shoaib @ Shuhaib & ORS. v. The State NCT Of Delhi And ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2490/2025 SHOAIB @ SHUHAIB & ORS.

.....Petitioners Through:

Mr. Z. R. Shamsi, Adv. along with petitioners versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Sanjeev Bhandari, ASC for State SI Dinesh Kumar, PS Nand Nagri Mr. Mohd. Imran, Adv. along with respondents

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 20.11.2025 1.

The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioners praying for quashing of FIR No. 815/2021 registered at Police Station Nand Nagri for the offences punishable under Sections 323/341/506/452/308/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that on 27.12.2021, an altercation took place at the residence of the complainant in Sunder Nagri during which the petitioners allegedly assaulted him and his family members by throwing bricks and causing injuries. Pursuant thereto, the present FIR was registered against the petitioners.

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

3.

Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent nos. 2 and 3 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

4.

The complainant in the present case has already expired and his death certificate is annexed as "Annexure F" to the present petition. 5.

Settlement deed dated 02.08.2025 is on record and has been annexed as "Annexure D". Qua this deed, the respondents no. 2 and 3 has agreed to withdraw the case arising out of FIR No. 815/2021 registered at Police Station Nand Nagri against the petitioners.

6.

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. 7.

Learned ASC for the State, who appears on advance notice, accepts notice and 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.

8.

Heard learned counsel for the parties and perused the record. 9.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Nand Nagri. Respondent nos. 2 and 3 are also present in the Court and have been identified by their counsel and the Investigating Officer. 10.

On a query made by this Court, respondent nos. 2 and 3 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled 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.

11.

The Investigating Officer, who appears in person, submits that there is no previous involvement of the petitioners herein in any other criminal case. 12.

Keeping in view the fact that the matter stands amicably settled between the petitioners and respondents no. 2 and 3 without any pressure, no fruitful purpose would be served by keeping the matter pending. 13.

In view of the fact that the parties are neighbours and they have arrived at a settlement and further having regard to the fact that the injury suffered by respondent no. 3 is simple in nature, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. The MLC of respondent no. 3 is annexed as "Annexure E" to the petition.

14.

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

15.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 815/2021 registered at Police Station Nand Nagri for the offences punishable under Sections 323/341/506/452/308/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 16.

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

AJAY DIGPAUL, J NOVEMBER 20, 2025/ar/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.