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

Delhi High Court · 31 Oct 2025 · 2025:DHC:9538
Ravinder Dudeja
W.P.(CRL) 3545/2025
2025:DHC:9538
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under sections 323/308/34 IPC based on an amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC to prevent abuse of process and secure justice.

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W.P.(CRL) 3545/2025
HIGH COURT OF DELHI
Date of Decision: 31.10.2025 ,,,,,,,,,, W.P.(CRL) 3545/2025 & CRL.M.A. 32100/2025 EXEMPTION
SH RAJESH KUMAR & ORS. .....Petitioners
Through: Ms. Pooja Mehta, Adv. along
WITH
petitioner in person.
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Sanjeev Bhandari, ASC
WITH
SI Ram Singh, PS SB
Dairy.
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)

2. As per allegations made in the FIR, On 18.01.2024 at about 11:00 p.m., respondent no. 2 was assaulted by his petitioners over a quarrel near shop. Petitioner no. 1 struck respondent no. 2 with brick, causing injuries on the head. Chargesheet has since been filed under RAVINDER DUDEJA, J.

1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 102/2024, dated 19.01.2024, registered at PS Shahbad Dairy, Delhi under sections 323/308/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. sections 323/308/120B/34 IPC & Section 25/27 of Arms Act against the petitioners.

3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise Deed dated 17.09.2025, copy of which has been annexed as Annexure P-3.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Ram Singh, from PS Shahbad Dairy.

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. 102/2024 is quashed against the Petitioners.

6. In view of the settlement between the parties, learned Additional ASC appearing for the State, also has no objection if the present FIR No. 102/2024 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:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the

affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

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 aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 102/2024, dated 19.01.2024, registered at PS Shahbad Dairy, Delhi under sections 323/308/34 IPC and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and the FIR NO. 102/2024, dated 19.01.2024, registered at PS Shahbad Dairy, Delhi under sections 323/308/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of.