Dinesh Chandr Sharma & ANR. v. State NCT Of Delhi & ORS.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8281/2025 & CRL.M.A. 34517/2025 DINESH CHANDR SHARMA & ANR.
.....Petitioners Through:
Mr. Sahil Yadav and Mr. Vikas Pal, Advs. along with petitioners versus STATE NCT OF DELHI & ORS.
.....Respondents Through:
Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv.
ASI Brijesh Kumar in person Counsel for R-2 and R-3 (appearance not given) R-2 and R-3 in person
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 20.11.2025 1.
The instant joint 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 parties praying for quashing of FIR No. 0249/2024 registered at Police Station New Ashok Nagar for the offences punishable under Sections 308/356/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.
The brief facts of the case are that respondent no. 2, who runs a chowmein stall in Kondli Main Market, was allegedly attacked on 19.04.2024 at about 9:30 PM when petitioner no. 1 and his son, petitioner no. 2, refused to pay for their food, claimed to be "SI of the area", and assaulted him. When respondent no. 3, the brother of respondent no. 2, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
intervened and attempted to record the incident, petitioner no. 2 allegedly snatched the mobile phone and struck respondent no. 3 on the head with a brick, causing injuries. Both accused fled towards Ruchika Petrol Pump, and the injured brothers were taken by PCR to LBS Hospital. Pursuant thereto, the present FIR came to be registered.
3.
Learned counsel appearing on behalf of the petitioners submitted that the petitioners and respondents no. 2 and 3 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. It is further submitted that the respondents no. 2 and 3 has been duly compensated for the injuries suffered by him along with his medical expenses by the petitioners.
4.
Memorandum of Understanding (hereinafter, "MoU") dated 18.08.2025 is on record and has been annexed as "Annexure 4". Qua this MoU, the respondents no. 2 and 3 have agreed to withdraw the case arising out of FIR No. 0249/2024 registered at Police Station New Ashok Nagar against the petitioners.
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 petitioners 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 petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station New Ashok Nagar. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Respondents no. 2 and 3 are also present in the Court and have been identified by the counsel and the Investigating Officer. 9.
On a query made by this Court, respondents no. 2 and 3 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled between the parties. 10.
Keeping in view the fact that the matter stands amicably settled between the petitioners and respondents no. 2 and 3 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.
In view of the fact that the parties are known to each other for years and have cordial relationship and they have arrived at a settlement, no useful purpose will be served in continuing the proceedings, 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 v. State of Punjab (2012) 10 SCC 303, FIR No. 0249/2024 registered at Police Station New Ashok Nagar for the offences punishable under Sections 308/356/34 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 20, 2025/ar/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.