Davender Singh And ORS v. State Through Sho Ps Bhd Nagar And ANR

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3122/2025 & CRL.M.A. 28793/2025 DAVENDER SINGH AND ORS .....Petitioners Through:

Mr. J.S. Dagar, Adv. along with petitioners versus STATE THROUGH SHO PS BHD NAGAR AND ANR .....Respondents Through:

Mr. Anand V. Khatri, ASC for State with Mr. Adietya Khatri, Adv.

SI Sachin and ASI Jitendra, PS BHD Nagar Adv. for R-2 along with R-2 (apperarance not given)

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 23.09.2025 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. 216/2025 registered at Police Station - Baba Haridas Nagar, for the offences punishable under Sections 333/127(2)/115(2)/351(2)/74/79(3(5) of the Bharatiya Nyaya Sanhita (hereinafter "BNS") and Sections 3(1)(r)3(1)(S)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

The dispute and allegations in the present FIR arose out of a violent quarrel between neighbors. According to the complainant, on 02.07.2025 around 8:00 PM, the petitioners (Devender Singh, his family members, and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

associates) allegedly forcibly entered his house, attacked him and his family with sticks, helmets, belts, and knives, and brutally beat them. They also allegedly tore the clothes of his sister and touched her inappropriately, misbehaved with his mother, and abused them using caste-based derogatory words. Further, they allegedly threatened to kill him and kidnap his sister. The complainant is stated to have been sustained serious injuries and his sister's gold chain was reported missing during the assault. 3.

Learned counsel appearing on behalf of the petitioners has submitted that the petitioners and respondent no. 2 have now settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

4.

Memorandum of Understanding (hereinafter "MoU") dated 01.09.2025 is on record and has been annexed as Annexure P/4. Qua this MoU, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 216/2025 registered at Police Station - Baba Haridas Nagar against the petitioners.

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 MoU. 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 petitioners 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 petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Baba Haridas The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Nagar. Respondent no. 2 is also present in the Court and has been identified by his 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.

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, rather the same would create further acrimony between them. 11.

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

12.

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. 216/2025 registered at Police Station - Baba Haridas Nagar, for the offences punishable under Sections 333/127(2)/115(2)/351(2)/74/79(3(5) of the BNS and Sections 3(1)(r)3(1)(S)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 13.

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

AJAY DIGPAUL, J SEPTEMBER 23, 2025/ar/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.