Kapil & ANR. v. State Of NCT Of Delhi & ANR.
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8708/2025 KAPIL & ANR.
.....Petitioners Through:
Mr. Naveen Kumar, Advocate with Petitioners.
versus STATE OF NCT OF DELHI & ANR.
.....Respondents Through:
Ms. Kiran Bairwa, APP for the State.
Counsel for R2 (appearance not given) with R2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 05.12.2025 CRL.M.A. 36339/2025 (Exemption) 1.
Exemption allowed, subject to all just exceptions. 2.
The Application stands disposed of.
CRL.M.C. 8708/2025 3.
Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioners, for quashing of FIR No. 1286/2015 dated 13.12.2015 under Section 323/341/427/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Amar Colony, Delhi along with the Charge Sheet dated 04.02.2016 and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 03.08.2025.
4.
Issue Notice.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
On advance Notice, learned APP has appeared and accepts the Noteice on behalf of the State.
6.
Brief facts of the case are that the Petitioners and the Respondent No. 2 are family members. The Petitioner No. 2, namely, Ganga punched he Complainant on chest and further threatened him to withdraw the police cases against the Petitioners. There were nine FIRs involved out of which, four FIRs have already been settled.
7.
On the Complaint of the Respondent No.2/Complainant, FIR No. 1286/2015 dated 13.12.2015 under Section 323/341/427/506/34 of IPC, got registered at Police Station Amar Colony, Delhi. 8.
It is submitted that the FIR was a consequence of the family disputes between the Complainant and the Petitioners. It is stated that the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 03.08.2025. In the Settlement, it was inter alia settled between the parties that there is a common baithak/piece of land pertains to all the parties and the partition will be executed amciably by all the members of the families. It is also settled between the parties that they shall not institute any Criminal litigation inter se of any kind in any forum hereinafter, against each other.
9.
Today, the Respondent No. 2/Complainant, who is present in the Court, states that he has no objection if the FIR is quashed. 10.
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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
Considering the nature of the allegations and that they have settled the matter, the FIR No. 1286/2015 dated 13.12.2015 under Section 323/341/427/506/34 of IPC registered at Police Station Amar Colony, Delhi and all the consequential proceedings emanating therefrom are quashed. 12.
The Petition is disposed of accordingly.
NEENA BANSAL KRISHNA, J DECEMBER 5, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.