Abhishek Ashok Dhavalshankh v. The State NCT of Delhi and Anr

1. Petitioner herein seeks quashing of FIR No. 164/2012 dated 08.11.2012, registered at Police Station Tilak Marg, Delhi, for commission of offences under Sections 288/377 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. As per allegations appearing in the abovesaid FIR, some work was going on at L&T Metro Construction site at Mandi House, Delhi and petitioner herein was supervising the abovesaid construction work.

3. At the relevant time, respondent No.2 Bablu and respondent No.3 Basanta Mohanty were employed as workers at the abovesaid site, when soil and large stones, reportedly, fell upon them, resulting in injuries to them. They both were immediately rushed to Sanjeevan Hospital and later on, their statements were recorded which indicated that the abovesaid incident had taken place on account of the negligence of the petitioner.

4. Charge-sheet has already been filed.

5. The incident dates back to year 2012 and during the pendency of the abovesaid case, when the matter was referred to Delhi Mediation Centre, Patiala House Courts on 22.05.2026, both the sides amicably resolved all their disputes. Copy of such Mediation Order dated 22.05.2026 is on record. CRL.M.C. 4918/2026 2

6. Respondent No.2 Bablu and respondent No.3 Basanta Mohanty are present in-person and they have been duly identified by IO.

7. When asked, both respondent Nos.[2] and 3 stated that the matter has been amicably settled and they admit the correctness and genuineness of the settlement. As per the settlement terms, the petitioner herein has agreed to make payment of Rs. 1,50,000/- to respondent No.2-Bablu and a sum of Rs. 70,000/respondent No.3 Basanta Mohanty as compensation and towards reimbursement of their medical expenses. Such amount has been received today by respondent Nos.[2] and 3 in the shape of Demand Drafts drawn on State Bank of India and they, therefore submit that they would have ‘no objection’ to the quashing of the FIR in question and that the settlement has been arrived at of their own free will and volition, without any coercion and undue influence.

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

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

10. Consequently, to secure the ends of justice FIR No. 164/2012 dated 08.11.2012, registered at Police Station Tilak Marg, Delhi, for commission of offences under Sections 288/377 IPC, along with all consequential proceedings arising therefrom, quashed. Original affidavits of the parties shall be submitted within further two weeks before the learned Trial Court.

11. The petition stands disposed of in aforesaid terms.

12. Pending application also stands disposed of.

JUDGE JULY 16, 2026/sw/sa