Ajay Kumar & ANR. v. The State NCT Of Delhi And ANR

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7128/2025 AJAY KUMAR & ANR.

.....Petitioner Through:

Mr. Amit Baghel, Advocate along with Adv Gulshan Kumar, Advocate.

versus THE STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Shoaib Haider, APP for the State with SI Ridhima P.S. Model Town.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.10.2025 CRL.M.A. 29958/2025 (under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the Petitioners seeking Condonation of Delay) 1.

An Application has been filed on behalf of the Petitioners seeking Condonation of Delay of 35 days in re-filing the Petition. 2.

In view of the reasons stated in the Application, the same is allowed. 3.

The Application stands disposed of.

CRL.M.A. 29957/2025 (Seeking Exemption) 4.

Allowed, subject to just exemptions.

5.

The Application stands disposed of.

CRL.M.C. 7128/2025 6.

A Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking quashing of FIR No.431/2010 under Section 326/341/34 IPC dated 16.11.2010 registered at Police Station Model Town, Delhi in terms of the Settlement dated 29.01.2025.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2025 at 12:55:34

7.

The FIR was registered in the year 2010 in which the Chargesheet has been filed in 2020 and till date not a single Prosecution Witness has been examined. The Complainant has filed his No Objection Affidavit and has affirmed that this Settlement dated 29.01.2025 has been arrived between him and the Petitioners voluntarily without any force, fear or coercion. 8.

It is submitted that the Petitioners had parked their motorcycle outside the shop of Respondent No.2 who had taken objection on which the Petitioners had inflicted injuries with a sword like weapon causing fracture which got healed within a period of one and a half years. The Complainant submits that the Petitioners are people of little means and are working as driver/rehri vendors and that considering the antiquity of the present FIR and the nature of injuries suffered by the Complainant, all the parties submits that they have entered into Settlement dated 29.01.2025 voluntarily. All the parties endorse the terms of the Settlement dated 29.01.2025 and undertake that they shall abide by the terms of the Settlement. 9.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 10.

In view of the submissions made, the Petition is allowed. Accordingly, the FIR bearing No. 431/2010 registered at Police Station Model Town, for offences punishable under Sections 324/341/34 of the Indian Penal Code, 1860 with all the subsequent proceedings and the charge sheet is hereby quashed qua all the Petitioners. 11.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J OCTOBER 9, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2025 at 12:55:34