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High Court of DelhiCRL.M.C./6879/2025

Vipin Ahuja v. State NCT Of Delhi And ANR

2025-09-24Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6879/2025 VIPIN AHUJA .....Petitioner Through:

Mr. Vijay Singh Kardam, Adv. along with petitioner versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Pankaj Kasana, PS Anand Vihar R-2 in person (through VC)

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") has been filed by the petitioner praying for quashing of FIR No. 280/2019 registered at Police Station Anand Vihar, for the offences punishable under Section 506 of the Indian Penal Code, 1860 (hereinafter "IPC") and Section 4 of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act.

2.

The brief facts of the case are that on 26.07.2019, the petitioner, being the attendant of a patient, allegedly created a ruckus in the hospital, physically assaulted respondent no. 2 (the doctor on duty), and called others who further abused the staff and disrupted hospital work, resulting in registration of the present FIR.

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 the petitioner and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Settlement deed dated 08.01.2025 is on record and has been annexed as Annexure P-2. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 280/2019 registered at Police Station Anand Vihar 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 Anand Vihar. Respondent no. 2 is also present virtually 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 and has expressed his desire to forgive, and not to pursue the matter further. It is also stated by him that the entire dispute has been amicably settled between the parties.

10.

Considering the settlement, and the fact that no grievous injury was caused, this Court is of the view that no useful purpose would be served by continuation of the criminal proceedings. At the same time, this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

cannot lose sight of the fact that an act of assault upon a medical professional in a hospital not only endangers the life of doctors and staff, but also jeopardises the treatment of other patients in need of urgent care. 11.

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. 280/2019 registered at Police Station Anand Vihar, for the offences punishable under Section 506 of the IPC and Section 4 of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage of Property) Act, and consequent proceedings emanating therefrom, are quashed qua the present petitioner, subject to the petitioner performing community service starting from 27.09.2025, with the following direction: i.

Petitioner to perform community service for a period of one month, on every Saturday and Sunday, at Dr. Sushma Jindal Hospital, 488-15, Dilshad Garden, Near Radha Krishan Mandir, Dilshad Garden, New Delhi-110092, under the supervision of respondent no. 2.

ii.

Upon completion of the said period, a certificate confirming the completion of community service shall be issued by the Medical Superintendent of the concerned Hospital and the same shall be filed with the Registry.

iii.

In the event of any absenteeism, default, or misconduct on the part of the petitioners during the course of the community service, the same be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

With the above directions, the petition along with pending application(s), if any, stands disposed of.

13.

Copy of the order be sent to the Medical Superintendent of concerned Hospital and the Trial Court for necessary information and compliance. 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.