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High Court of DelhiCRL.M.C./5927/2025

Rakesh Kumar @ Raja v. The State Govt Of NCT Of Delhi & ANR.

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

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5927/2025 RAKESH KUMAR @ RAJA .....Petitioner Through:

Mr. Praveen Kumar Singh and Mr.

S.B. Sharma, Advs. along with petitioner versus THE STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Satish Kumar, APP for State with SI Dharmveer, PS Chhawala Mr. Md. Firoz, Adv. for R-2 along with R-2

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 11.11.2025 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 petitioner praying for quashing of FIR no. 0309/2018 registered at Police Station Chhawala for the offences punishable under Sections 324/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that on 12.08.2018 at about 01.00 PM, some altercation had taken place between the petitioner and respondent no. 2 for an amount of ₹25,000/-. Thereafter, the petitioner along with his associate attacked the respondent no. 2 after which the respondent no. 2 dialed 100 number.

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 petitioner has submitted that charges have been framed and the chargesheet has already been filed against the petitioner. It is submitted that the petitioner and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

4.

Memorandum of Understanding (hereinafter, "MoU") dated 31.07.2025 is on record and has been annexed as "Annexure P-4". Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 0309/2018 registered at Police Station Chhawala against the petitioner.

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, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioner 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 petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Chhawala. Respondent no. 2 is also present in the Court and has been identified by the counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him 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.

10.

Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties are residents of same locality and known to each other from many years and they have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 12.

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

13.

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. 0309/2018 registered at Police Station Chhawala for the offences punishable under Sections 324/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 14.

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

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