Rajesh Kumar v. The State (NCT of Delhi) & Ors.

1. Petitioner herein seeks quashing of FIR No.364/2018 dated 04.09.2018, registered at P.S. Okhla Industrial Area, for commission of offences under Sections 308/506/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The incident is of 11.08.2018 and as per the averments made in the FIR, Rahul Kumar was called by petitioner Rajesh Kumar and his father Sri Umesh Verma (since deceased) and they both started abusing him and started assaulting him. During such scuffle, he was, eventually, thrown down, which resulted in grievous injuries to him.

3. On the basis of the complaint lodged by father of Rahul Kumar, the abovesaid FIR was registered. CRL.M.C 1735/2024 2

4. Charge-sheet has already been filed and charges have also been framed.

5. However, during trial, co-accused Sri Umesh Verma, unfortunately, died and the proceedings qua him stand abated.

6. In the interregnum, both the parties have amicably resolved all their disputes and entered into Memorandum of Understanding (MoU) dated 07.02.2024.

7. Copy of such MoU is placed on record.

8. Petitioner herein, who is a practicing Advocate, has joined the proceeding through video-conferencing. His counsel is also present in Court and submits that in terms of amicable settlement, a sum of Rs. 50,000/- was already paid at the time of consideration of bail and now, another sum of Rs. 1,00,000/- has been paid to respondent No.3 in the shape of two Demand Drafts of Rs.90,000/- and Rs.10,000/- each, towards full and final settlement.

9. These Demand Drafts have been accepted by the injured i.e. Sri Rahul, i.e. respondent No. 3.

10. Learned counsel for respondent Nos. 2 and 3 is also present in Court and submits, on instructions, that respondent No.3 has accepted the abovesaid two Demand Drafts towards full and final satisfaction of the matter.

11. Respondent Nos. 2 and 3, however, apprehend that the petitioner is a practicing Advocate and may not implicate or harass them in future.

12. When asked, petitioner stated that any such apprehension is baseless. He also states that he is apologetic for the incident in question and undertakes that there would not be any such instance in future from his side. He also assures that he would not file any case of any nature whatsoever, against respondent Nos. 2 and 3 and would rather be happy to render any legal CRL.M.C 1735/2024 3 assistance to them in future, in case they approach him.

13. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose.

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.364/2018 dated 04.09.2018, registered at P.S. Okhla Industrial Area, for commission of offences under Sections 308/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits of the parties be submitted before the learned Trial Court, within two weeks.