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HIGH COURT OF DELHI
Date of Decision: 05.12.2025 ,,,,,,,,,, CRL.M.C. 8698/2025 & CRL.M.A. 36299/2025 EXEMPTION
SUMAN & ANR. .....Petitioner
Through: Mr. Tushar Agarwal, Mr. Naveen Kumar, Mr. Arun Kumar, Mr. Abhishek Mahal, Advs.
Through: Mr. Nawal Kishore Jha, APP
Ms. Tripti Raj, Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No.310/2019, dated 28.09.2019, registered at P.S Lajpat Nagar, Delhi under Sections 323/341/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, on 10.07.2019 Respondent no. 2 and his brother were physically assaulted by petitioners, linked to an ongoing multi-family land dispute pending in Saket Court thereby causing injuries.Chargesheet has since been filed under Sections 323/341/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and the terms of settlement have been reduced in the form of a Memorandum of Understanding dated 25.05.2025, copy of the same has been annexed as Annexure P-3.
4. Petitioners are physically present before the Court while Respondent no. 2 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Ravi, from PS Lajpat Nagar.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 310/2019 is quashed against the Petitioners.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 310/2019 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
8. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
9. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 310/2019, dated 28.09.2019, registered at P.S Lajpat Nagar, Delhi under section 323/341/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed. Since State machinery has been used, quashing is subject to the petitioners depositing depositing cost of Rs. 5,000/- (Rupees Five Thousand only) with Delhi High Court Staff Welfare Fund bearing account no. 15530110074442, maintained with UCO Bank within a period of one month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.