Tilak Raj & Ors. v. State NCT of Delhi & Anr.

1. Petitioner herein seeks quashing of FIR No. 0413/2025 dated 17.12.2025, registered at Police Station Baba Haridas Nagar for commission of offence under Section 110/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 308/34 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Petitioners and respondent No. 2 are neighbours and there was some altercation with respect to cleaning of drainage outside their houses, which was lying blocked.

3. According to injured Mr. Raj Kumar Mishra, Ankit brought an iron rod and handed it over to his father Mr. Tilak Raj (petitioner No.1) who gave blow, with such iron rod, on his head.

4. Charge-sheet has yet not been filed. W.P.(CRL) 1554/2026 2

5. Quashing is being sought as matter has now been amicably settled between the parties.

6. Copy of Memorandum of Understanding (MoU) dated 14.04.2026 has been placed on record. It indicates that parties have entered into amicable settlement on account of intervention and counseling of nears & dears, relatives, friends and neighbours and they have sorted out their disputes amicably and, therefore, the injured has undertaken that he would co-operate in quashing of the FIR.

7. Respondent No. 2/complainant is present in person with his counsel. Investigating officer is also present. Respondent No. 2 is duly identified by them.

8. When asked, respondent No. 2 reiterates the terms of settlement and submits that he would have no objection if the FIR in question is quashed as the matter has been amicably settled. He submits that towards reimbursement of his medical expenditure and as compensation, he has already received a sum of Rs. 50,000/- from the petitioners. He submits that since they are neighbours, in order to maintain peace and harmony in the neighbourhood, he is not interested in pursuing the present matter. He states that he has entered into the abovesaid settlement out of his own free will, without any coercion and influence from any corner whatsoever and therefore, he would have ‘no objection’ if FIR in question is quashed.

9. Respondent No.2, however, submits that petitioners have sent a complaint to Scheduled Castes & Scheduled Tribes Commission making certain allegations against him and his family members and as per the settlement terms, they may be asked not to pursue the same.

10. Learned counsel for petitioners, on instructions from the petitioners, W.P.(CRL) 1554/2026 3 submits that they have already sent a communication in this regard to the aforesaid Commission and it will be ensured that such complaint is not pursued by them in any manner whatsoever.

11. During course of the arguments, investigating officer, who was present with the case diary, was asked to show the MLC of respondent No. 2 and on perusal, it is noticed that it was case of simple injuries only. Moreover, there was a sudden quarrel and there is nothing to indicate that the intention was to commit culpable homicide, not amounting to murder.

12. Reference be made to the judgment in Mohd. Rashid & Ors. V. The State (Govt. Of Nct Of Delhi) & Anr. (in CRL.M.C.8182/2025; DoD 18.11.2025), wherein this Court quashed the proceedings arising out of Sections 308/34 IPC after considering the nature of the offence and amicable settlement between the parties.

13. Keeping in mind the aforesaid and in order to facilitate both the sides in maintaining and restoring cordiality, the proceedings deserve to be quashed in exercise of the inherent powers of the Court, especially in view of the settlement arrived at between the parties, and the fact that the parties are no longer interested in pursuing the present case.

14. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

15. Consequently, to secure the ends of justice, FIR No. 0413/2025 dated 17.12.2025, registered at Police Station Baba Haridas Nagar for commission of offence under Section 110/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 308/34 IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed. W.P.(CRL) 1554/2026 4