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High Court of DelhiCRL.M.C./5509/2025

Shish Pal & ANR. v. State NCT Of Delhi & ANR.

2025-08-12Hon'Ble Mr. Justice Arun Monga3 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHISH PAL & ANR.

.....Petitioners Through:

Mr.Garvit Sharma, Advocate alongwith petitioners versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr.Sanjeev Sabharwal, APP for the State Mr.Aniket Pawar, Advocate for R-2 alongwith R-2

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 12.08.2025 CRL.M.A. 23568/2025 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

1.

Petitioner herein seeks quashing of an FIR No.0736/2022 dated 15.09.2022 registered at Police Station Karol Bagh, for the offences punishable under Sections 323/341/34 IPC, on the basis of a compromise between the parties.

2.

It transpires that the complainant-respondent No.2 is well acquainted with petitioner no.1 from before. During an altercation between the two, a few unidentified persons, along with Petitioner No. 2, also joined Petitioner No. 1. They started hurling punches and kicks but the complainant managed The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to flee.

3.

Learned counsel for the petitioners submits that the parties have now amicably resolved their disputes vide MOU dated 03.06.2025. Respondent no. 3 has agreed to withdraw his charges.

4.

The parties are present in Court, and I have interacted with them. Upon a query put to the complainant as to whether the settlement has been arrived at of his own free will or under any form of duress or coercion, the complainant unequivocally states that the matter has been settled by him of his own volition, without any undue pressure or coercion. 5.

As regards the injuries allegedly suffered by him, he submits that the allegations were levelled at the relevant time out of sheer anguish and in the backdrop of heated altercation between him and the petitioners, which culminated in the unsavoury incident. He further states that, in view of the settlement, he does not wish to press any charges against the petitioners and would prefer to maintain mutual cordiality rather than hostility, particularly as the parties are known to each other.

6.

It appears that the parties have resolved their differences and arrived at a mutual compromise, desire to restore cordial relations. 7.

In the premise, continuation of the criminal proceedings would serve no useful purpose. Such proceedings would amount to an abuse of the process of law, impose an unnecessary burden on the judicial system, and result in wasteful expenditure of public resources by the prosecution. 8.

Taking a wholesome view, it is thus a fit case to exercise inherent power under 528 of BNSS in quashing the FIR in question. Reference in this context may also be made to the judgment in Gian Singh v. State of Punjab & Anr.,[(2012) 10 SCC 303].

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

9.

Accordingly, the petition is allowed and the FIR No.0736/2022 dated 15.09.2022 registered at Police Station Karol Bagh, for the offences punishable under Sections 323/341/34 IPC, along with all consequential proceedings arising there from are hereby quashed. 10.

The petition, along with pending applications, if any, stands disposed of.

ARUN MONGA, J AUGUST 12, 2025 dy The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.