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High Court of DelhiW.P.(CRL)/3943/2025

Kanhiya And Another v. State Of N.C.T. Of Delhi And Another

2025-12-01Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3943/2025 KANHIYA AND ANOTHER .....Petitioners Through:

Mr. Faiz Imam, Advocate with Petitioners.

versus STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondents Through:

Mr. Anand V Khatri, ASC CRL with Mr. Adietya Khatri, Advocate and ASI Neeraj PS Tigri for the State.

Counsel for R2 (appearance not given) with R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.12.2025 CRL.M.A. 35547/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 3943/2025 3.

Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.', has been filed on behalf of the Petitioners, for quashing of FIR No. 0321/2025 dated 01.07.2025 under Section 115 (2)/126 (2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS') registered at Police Station Tigri, District South (Delhi) and all the consequential proceedings emanating therefrom, in terms ofo the NoThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Objectio Certificate dated 04.10.2025.

4.

Issue Notice.

5.

On advance Notice, learned ASC has appeared and accepted the Notice on behalf of the State.

6.

Brief facts of the case are that on 02.05.2025, the Complainant/Respondent No. 2 with his mother and elder brother, Dinesh, had gone to Chakki Bala Park Tigdi, for the wedding ceremony of Neeraj, son of their relative Hiralal. After some time at around 11:00 pm, Petitioer No. 1caught hold of the Respondent No. 2 and started hitting him with a stick. Kanhaiya's elder brother Prem also came there and caught him and Petitioner No.1 started hitting him with his punches and pushed the Respondent No. 2 and made him fall on a motorcycle parked there and simple injury was caused to the Respondent No. 2. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No.0321/2025 dated 01.07.2025 under Section 115 (2)/126 (2)/3(5) of BNS. got registered at Police Station Tigri, District South (Delhi). 8.

Cross-FIR No.

248/25 dated 04.05.2025 under Section 110/115(2)/3(5) of BNS, also got registered at Police Station Tigri, District South (Delhi).

9.

It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them vide NoObjection Certificate, dated 04.10.2025. The Petition is supported with a No Objection Certifficate of Ms. Komal, mother of the Respondent No. 2, who is minor.

10.

Today, the Respondent No. 2/Complainant, who is present in the Court, states that he has no objection if the FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 12.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 0321/2025 dated 01.07.2025 under Section 115 (2)/126 (2)/3(5) of BNS registered at Police Station Tigri, District South (Delhi) and the Cross-FIR No. 248/25 dated 04.05.2025 under Section 110/115(2)/3(5) of BNS registered at Police Station Tigri, District South (Delhi) and all the consequential proceedings emanating therefrom are quashed. 13.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J DECEMBER 1, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.