Nikash Solanki Alias Ashu And ORS v. State Through Sho Ps Dwarka Sector 23 And ANR

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7963/2025 & CRL.M.A. 33316/2025 NIKASH SOLANKI ALIAS ASHU AND ORS .....Petitioners Through:

Mr. Intkhab Alam, Adv.

Petitioners in person.

versus STATE THROUGH SHO PS DWARKA SECTOR 23 AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for State.

SI Babu Ram SI Neeraj Kumar, PS Sector 23 Dwarka Mr. Daksh Dhankhar, Mr. R.K. Lamba and Ms. Bhavya Tokas, Advs. for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 12.11.2025 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.306/2021 registered at Police Station - Sector 23 Dwarka for the offences punishable under Sections 323/354/506/509/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The brief facts of the case are that on 30.07.2021, petitioner no.1, who is the neighbor of respondent no.2, started demolishing the 17 inch rear wall of the house of respondent no.2. When respondent no.2 objected to this, petitioner no.1 along with other petitioners started an altercation with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no.2. During the said incident, respondent no.2 was hit by a brick on her head and she became unconscious. Respondent no.2 also got injured in right hand. Hence the present FIR.

3.

Learned counsel appearing on behalf of the petitioners submitted that chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent no.2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Memorandum of Understanding (hereinafter "Mou") dated 03.11.2025 is on record and has been annexed as Annexure P-4. Qua this MoU, respondent no. 2 has agreed to withdraw the case arising out of FIR No. 306/2021 registered at Police Station - Sector 23 Dwarka against the petitioners.

5.

It is thus 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.

Heard. Issue notice.

7.

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.

8.

Heard learned counsel for the parties and perused the record. 9.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Sector 23 Dwarka. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 10.

On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties and she does not wish to pursue the instant matter any further as she is now moving towards a peaceful future. 11.

Keeping in view the fact that the parties are neighbors, the matter stands settled between the petitioners and respondent no. 2, amicably, without any pressure and that the nature of injury is simple, no fruitful purpose would be served by keeping the matter pending, rather the same would create further acrimony between them.

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.306/2021 registered at Police Station - Sector 23 Dwarka for the offences punishable under Sections 323/354/506/509/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 14.

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

AJAY DIGPAUL, J NOVEMBER 12, 2025/AS/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.