Diwan Chand v. State Through Sho Ps Dwarka Sector 23 And ANR
$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.01.2026 + CRL.M.C. 126/2026 & CRL.M.A. 452/2026 DIWAN CHAND .....Petitioner Through:
Mr. Partap Singh, Advocate.
versus STATE THROUGH SHO PS DWARKA SECTOR 23 AND ANR .....Respondents Through:
Mr. Hemant Mahla, APP for State with SI Satish Kumar.
Injured/R-2 in person CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1.
The petitioner seeks quashing of case FIR No.295/2019 of PS Dwarka for offence under Section 308 IPC on the ground that complainant de facto (respondent no.2) has compromised the disputes with the petitioner. 2.
Learned APP for State accepts notice and submits that in view of facts and circumstances of this case, he has no objection if the petition is allowed. The injured respondent no.2 identified by IO/SI Satish Kumar also has appeared in support of the petition. I have interacted with the injured in Hindi and he submits that he does not want to prosecute the petitioner any CRL.M.C.126/2026 Page 1 of 2 pages DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.08 17:31:47 -08'00'
By:NEETU N NAIR 17:38:14 GIRISH KATHPALIA
further as the quarrel took place in heat of the moment, both of them being employed in neighbouring places.
3.
I have also examined the MLC of respondent no.2 (Annexure P-3) as regards injuries suffered by him.
4.
Having spoken with respondent no.2, I am satisfied that it would be in the interest of justice not to push the parties through full dress trial. 5.
Considering the above circumstances, the petition is allowed and FIR No.295/2019 of PS Dwarka for offence under Section 308 IPC and proceedings arising out the same are quashed. Pending application stands disposed of.
DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4a fec45569af3962c6fb4835d435f97626ca cca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5 d15570996b40f80cbd2eee60402c48796 5ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.01.08 17:31:33 -08'00'
GIRISH KATHPALIA GIRISH KATHPALIA (JUDGE) JANUARY 8, 2026/ry CRL.M.C.126/2026 Page 2 of 2 pages By:NEETU N NAIR 17:38:14