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High Court of DelhiCRL.M.C./8228/2025

Jai Bhagwan Sehrawat & ORS. v. The State (N.C.T. Of Delhi) & ANR.

2025-11-19Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~132 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8228/2025 JAI BHAGWAN SEHRAWAT & ORS.

.....Petitioners Through:

Mr. Shiv Kumar Manan, Advocate.

versus THE STATE (N.C.T. OF DELHI) & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for State with SI Naveen, PS Vasant Kunj, South and ASI Dilbag Hussain, PS-Lodhi Colony.

Mr. Dronh Bhardwaj, Advocate for complainant.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.11.2025 CRL.M.A. 34331/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8228/2025 3.

The present petition has been filed under Section 528 of BNSS, 2023 read with Section 482 Cr.P.C. seeking quashing of FIR No.135/2020 under Section U/S 308/341/506/34 IPC registered at Police Station Vasant Kunj and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

4.

Issue notice. Mr. Richa Dhawan, learned APP for the State accepts notice.

5.

The petitioners as well as respondent no. 2 are present in Court. They The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have been identified by their respective counsels as well as by the Investigating Officer SI Naveen, PS Vasant Kunj, South. 6.

The case of the prosecution as articulated in the present petition is that the petitioners as well as complainant are known. However, on account of some misunderstanding, a dispute arose which escalated to a fight. 7.

During pendency of the proceedings, the parties have resolved all their disputes amicably without any coercion or pressure and arrived at a settlement, the terms whereof have been reduced in writing in the Memorandum of Understanding dated 20.03.2025, which is annexed at Annexure-P-5.

8.

It is a term of settlement that the parties shall cooperate for quashing of the aforesaid FIR. A copy of the chargesheet has been handed over in Court, the same is taken on record. Perusal of the chargesheet shows that injury suffered by complainant is simple in nature and he was discharged on the same day. This fact is also affirmed, by the learned APP on instructions from the IO, who is present in Court.

9.

On being queried by the Court, respondent no.2/complainant states that he has settled the matter with petitioners and does not wish to prosecute the criminal proceedings any further. Therefore, he has no objection, in case the FIR in question is quashed.

10.

In view of the fact that petitioners as well as respondent no. 2 have amicably settled their disputes and regard being had to the statement made by complainant, this Court is of the view that no useful purpose will be served in continuation of criminal proceedings and it will be an exercise in futility.

11.

At this stage, it would be apt to refer to the observations of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."

12.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.

Consequently, the petition is allowed and the FIR No.135/2020 under Section U/S 308/341/506/34 IPC registered at Police Station Vasant Kunj alongwith all other proceedings emanating therefrom, is quashed subject to payment of cost of Rs.5,000/- each to be deposited by the petitioners in the Delhi High Court Staff Welfare Fund, Account No. 15530110074442, Bank and Branch: UCO Bank, Delhi High Court within 10 days. The receipt thereof be placed on record.

14.

In the event the cost is not paid, Registry is directed to list the matter after two weeks.

15.

The petition stands disposed of in the above terms. 16.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 19, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.