Abdul Wajid @ Wajid v. State of NCT of Delhi & Anr.

Delhi High Court · 12 Sep 2025 · 2025:DHC:8002
Ravinder Dudeja
CRL.M.C. 6463/2025
2025:DHC:8002
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 324 and 341 IPC based on an amicable settlement between parties, exercising its inherent powers under Section 482 CrPC to serve the ends of justice.

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CRL.M.C. 6463/2025
HIGH COURT OF DELHI
Date of Decision: 12.09.2025 ,,,,,,,,,, CRL.M.C. 6463/2025 & CRL.M.A. 27281/2025 EXEMPTION, CRL.M.A. 27282/2025 DELAY 227 DAYS IN RE-FILING OF
PETITION
ABDUL WAJID @ WAJID .....Petitioner
Through: Mr. Phillip Massey, Mr. Alok Kumar Rai, Mr. Dev Suman
Mohan Puria, Mr. Shivam Bajpai, Advocates.
Petitioner in person.
VERSUS
STATE OF NCT OF DELHI & ANR. … Respondents
Through: Ms. Kiran Bairwa, APP
WITH
SI Himanshi, PS-Jama Masjid.
Mr. Gaurav Kumar, Mr. Jeetu Bhati, Mr. Anurag Sharma, Mr. Ashish Rana, Advocates for R-
2.
Respondent No. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 112/2025, dated 30.09.2017, registered at P.S Jama Masjid, Delhi under Sections 324/341 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations made in the FIR, on 29.09.2017. an altercation took place between petitioner and complainant/respondent no. 2 where respondent no. 2 sustained injuries with sharp edged weapon on his hands and back. Chargesheet has since been filed under sections 324/341 IPC against the petitioner.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Compromise Deed/Memorandum of Understanding dated 08.12.2022. Copy of the Compromise Deed/Memorandum of Understanding dated 08.12.2022 has been annexed as Annexure P-3 (Colly).

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Himanshi, from PS Jama Masjid.

5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has no objection if the FIR No. 112/2025 is quashed against the petitioner.

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. 112/2025 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 above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, 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. 112/2025, dated 30.09.2017, registered at P.S Jama Masjid, Delhi under section 324/341 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing an amount of Rs. 10,000/- in Rangla Punjab Society [Account NO. 005801022987], within a period of one month.

11. Petition is allowed and disposed of accordingly.

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