Toni Aliyas Doli Toni Aliy & ORS. v. State NCT Of Delhi And ORS
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7079/2025 and CRL.M.A. 29711/2025 TONI ALIYAS DOLI TONI ALIY & ORS.
.....Petitioners Through:
Mr. Sumit Kumar, Advocates with petitioners no. 1 to 4 in person.
versus STATE NCT OF DELHI AND ORS .....Respondents Through:
Mr. Sanjeev Sabharwal, APP for the State with SI Hardeep and IO/HC Inder Pal, PS - Anand Parbat.
Mr. Bikku Kumar, Advocate with complainant in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R D E R
% 08.10.2025 1.
Petitioners herein seek compromise quashing of FIR No. 350/2023 dated 08.06.2023, for the alleged offences under Sections 324 and 34 of IPC lodged at Police Station Anand Parbat, and all other consequential proceedings arising therefrom, on the basis of the compromise between the parties.
2.
The complainant/respondent no.2 alleged that his wife was abused by his neighbour, Dolly. Later, when the complainant confronted the neighbour about the incident, she started abusing him with her sons joining her to assault him. When the complainant's brother interfered to de escalate the issue, petitioner No. 2 gave a blow on his head, which resulted in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
registration of the present FIR.
3.
Learned counsel for the petitioners submits that the parties have now amicably settled the matter vide Settlement Deed dated 08.09.2025, with a view to preserve their cordial relations and to maintain future bonhomie and harmony as they live in the same neighbourhood. 3.1 He further submits that keeping in view that the parties have amicably settled their disputes and differences arising out of a misunderstanding, continuation of the proceedings would thus be a futile exercise. 4.
Learned counsel for respondent no.2 and Learned APP for the State concur with the factum of compromise between the parties. 5.
In the aforesaid backdrop, I have heard learned counsel for the petitioners and respondent no. 2 as well as perused the case file. 6.
Parties are present in the Court, and I have interacted with them. Parties are known to each other and are, in fact, stated to be family members. Upon a query put to Complainant/Respondent no. 2, he submits that the allegations were levelled in the heat of the moment and there was cross scuffle between the parties where both sides indulged in a free fight. He submits that the injuries suffered were minor in nature and in the larger interest of family peace and tranquillity, he has condoned the act of the petitioners and does not wish to press any charges. 7.
Upon hearing the parties and examining the nature of the dispute, it is borne out that the FIR was lodged out of a misunderstanding. Even on a plain reading, and in light of the candid statements of parties, it appears doubtful whether the essential ingredients of the offences invoked under the penal provisions are satisfied. In light thereof, I am of the view that the petition deserves to be allowed on that count as well. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
8.
Be that as it may, since respondent no. 2 (complainant) does not wish to press charges against the petitioner and there is no incriminating material against him coupled with the fact that they have amicably compromised the matter, not only further criminal proceedings would amount to an abuse of the process of law, but will be an unnecessarily burden the judicial system while continuation thereof would only perpetuate animosity between the parties, whereas dropping the same would promote peace and harmony. 9.
Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 10.
Consequently, the FIR No. 350/2023 dated 08.06.2023, for the alleged offences under Sections 324 and 34 of IPC lodged at Police Station Anand Parbat along with all consequential proceedings arising therefrom, are hereby quashed.
11.
All pending applications(s), if any, shall also stand disposed of. ARUN MONGA, J OCTOBER 8, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.