← Library
High Court of DelhiCRL.M.C./6867/2025

Rajesh Kumar & ANR. v. State NCT Of Delhi And ORS

2025-09-24Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6867/2025 RAJESH KUMAR & ANR.

.....Petitioners Through:

Mr. Rajiv Ranjan Mishra, Mr. Gopal Sharma and Ms. Suruchi Yadav, Advs. along with petitioners versus STATE NCT OF DELHI AND ORS .....Respondents Through:

Mr. Satish Kumar, APP for State with SI Mohit Bamel, PS Begumpur Adv. for R-2 and R-3 along with R-2 and R-3 (appearance not given)

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 24.09.2025 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 petitioners praying for quashing of FIR No. 351/2024 registered at Police Station Begumpur for the offences punishable under Sections 323/341/427/452/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The brief facts of the case are that in the intervening night of 21.05.2024, respondent no. 2 heard some noise outside the shop of respondent no. 3 and he saw that petitioners along with one boy broke the glass of the shop of respondent no. 3 and then they forcefully entered into The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the shop. They hit respondent no. 2 with a brick and the third boy started beating him with Lathi. Thereafter, both respondents no. 2 and 3 raised voice and the petitioners ran away. On the basis of the complaint filed by respondent no. 2, the present FIR was registered. 3.

Learned counsel appearing on behalf of the petitioners has submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondents no. 2 and 3 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

4.

Compromise deed dated 10.09.2025 is on record and has been annexed as Annexure P-11. Qua this deed, the respondents no. 2 and 3 have agreed to withdraw the case arising out of FIR No. 351/2024 registered at Police Station Begumpur 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 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 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 Begumpur. Respondents no. 2 and 3 are also present in the Court and have been identified by their counsel and the Investigating Officer. 9.

On a query made by this Court, respondents no. 2 and 3 have categorically stated that they have entered into compromise on their own The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

free will and without any pressure. It is also stated by them 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 respondents no. 2 and 3 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties have arrived at a settlement and further having regard to the fact that the injury suffered by the respondents no. 2 and 3 are simple in nature, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. Further in view of the fact that the parties have arrived at settlement, the chances of ultimate conviction of the accused persons are also bleak.

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. 351/2024 registered at Police Station Begumpur, for the offences punishable under Sections 323/341/427/452/34of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 14.

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

AJAY DIGPAUL, J SEPTEMBER 24, 2025/ar/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.