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HIGH COURT OF DELHI
Date of Decision: 30th July, 2026
BATUK JI CGHS THROUGH ITS AUTHORISED REPRESENTATIVE PANKAJ SHUKLA & ANR. .....Petitioner
Through: Mr. Pramod K. Tiwary, Advocate for P-1
Mr. Aman Kumar, Advocate for P-2
Through: Mr. Sunil Kumar Gautam, APP for State/R-1 with SI Hemant, PS Dwarka
North Mr. Sonu and Ms. Sarita, Advocates for R-2 along with R-2 in person
JUDGMENT
CRL.M.A. 22652-22653/2026 (for exemption)
Exemption allowed, subject to all just exceptions.
1. Petitioners seek quashing of FIR No. 0138/2026 registered at Police Station Dwarka North for commission of offences under Sections 290/125(b) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 288/338 IPC) along with all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties.
2. Petitioner No. 1 is a Co-operative Group Housing Society situated at Dwarka. CRL.M.C. 5405/2026 2
3. Respondent No. 2 is a resident of the aforesaid society.
4. The aforesaid society, in order to get some repair work done, approached M/s Omstar Construction Pvt. Ltd. (petitioner No. 2 herein) and, while carrying out repair, a piece of concrete fell from 5th /6th floor. On account of fall of such debris, respondent No. 2 suffered grievous injuries in his right hand, which resulted in registration of FIR in question.
5. Quashing is being sought as the matter has been amicably settled between the parties.
6. As per the terms of settlement, respondent No. 2 has been paid a sum of Rs. 1 lac as compensation and reimbursement towards his medical expenses.
7. Respondent No. 2 is present in Court and has been duly identified by his counsel as well as by Investigating Officer, who is also present.
8. Compromise deed, dated 13.07.2026, is on record and has been signed by both the sides.
9. When asked, respondent No. 2 reiterates the terms of abovesaid settlement and submits that he has already received the compensation amount of Rs. 1 lac and would have no objection if the FIR in question is quashed. 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.
10. Investigation is almost complete, albeit, charge-sheet is yet to be filed.
11. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose as even the complainant/respondent No. 2 does not wish to press any charges against the petitioners.
12. Accordingly, exercising inherent powers vested in this Court under CRL.M.C. 5405/2026 3 Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
13. Consequently, to secure the ends of justice, FIR No. 0138/2026 registered at Police Station Dwarka North for commission of offences under Sections 290/125(b) of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 288/338 IPC) along with all consequential proceedings arising therefrom, is, hereby, quashed subject to deposit of cost of Rs. 10,000/- with Delhi High Court Legal Services Committee by petitioner No. 2. Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, and proof of deposit of cost shall be submitted to the concerned SHO/IO within four weeks from today, so that these become part of the record.
14. The petition stands disposed of in aforesaid terms.
JUDGE JULY 30, 2026/dr/pb