Full Text
HIGH COURT OF DELHI
Date of Decision: 07.05.2025
MAYANK & ORS. .....Petitioners
Through: Mr. R. Ramayashree Rao, Adv.
Through: Mr. Hitesh Vali, APP for the State
Krishan, PS-Dwarka Sec-23.
Mr. Maish Kumar, Adv. for R-2 through VC.
R-2 through VC.
JUDGMENT
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 0057/2025, registered under Sections 115(2), 126(2), and 3(5) of the BNS (Under Section 323/341/34 IPC) at Police Station Sector 23, Dwarka, Delhi, along with all proceedings arising therefrom, pursuant to a settlement between the parties.
2. The complainant/ Respondent no. 2 was attacked with a sharp object by Mayank and his associates following an argument over their turn during a driving test at Sector 22 Authority on 13.02.2025. The altercation escalated after the test, resulting in multiple stab injuries to the complainant/respondent no. 2, which resulted in the lodging of the aforesaid FIR.
3. During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dated 25.02.2025 and, in pursuance thereof, agreed to approach this Hon’ble Court for quashing of the aforesaid FIR.A copy of the Compromise/Settlement Deed dated 25.02.2025 has been placed on record as Annexure P-2.
4. The matter was placed before the Joint Registrar on 02.05.2025, who has recorded the statements of both the parties and passed the following orders:- “02.05.2025 Today, statement of respondent no.2 and 10 have been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no.2 has been identified by the IO. Let the pre-verified statement along with thisorder be placed before the honorable Court on 07th May, 2025.”
5. Petitioner nos.1-4 are physically present before the Court while R[2] has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Mamta from PS Dwarka Sec-23.
6. Respondent No. 2 confirms that the matter has been amicably settled with the Petitioners without any force, fear, or coercion. He has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 25.02.2025 and further submits that he has no objection if FIR No. 0057/2025, registered under Sections 115(2), 126(2), and 3(5) of the BNS (Under Section 323/341/34 IPC) at Police Station Sector 23, Dwarka, Delhi, along with all pending proceedings arising therefrom, is quashed against the Petitioners.
7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0057/2025, registered under Sections 115(2), 126(2), and 3(5) of the BNS (Under Section 323/341/34 IPC) at Police Station Sector 23, Dwarka, Delhialongwith pending proceedingis quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes by observing as under: -
9. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0057/2025, registered under Sections 115(2), 126(2), and 3(5) of the BNS (Under Section 323/341/34 IPC) at Police Station Sector 23, Dwarka, Delhiand all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No. 0057/2025, registered under Sections 115(2), 126(2), and 3(5) of the BNS (Under Section 323/341/34 IPC) at Police Station Sector 23, Dwarka, Delhialong with all the other consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 07, 2025