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HIGH COURT OF DELHI
Date of Decision: 17.07.2025 ,,,,,,,,,, CRL.M.C. 700/2025
MOHD. YASIR .....Petitioners
Through: Mr. Homd. Yasin, Mr. Dawneesh C. And Mr. Sami Ahmed, Advs. along
Through: Mr. Hitesh Vali, APP for the State
Shaheen Bagh.
Mr. Ketan P., Adv. for R2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,seeking quashing of FIR No. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations in the FIR, petitioner caused head injury to respondent no. 2 with an iron pipe. Charge-sheet has been filed before the Trial Court and charge under Section 308 IPC has since been framed against the petitioner.
3. During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 27.01.2025. The copy Memorandum of Understanding dated 27.01.2025 has been placed on record 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 ASI Suresh Chand from PS Shaheen Bagh.
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. 325/2022 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. 325/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas recognized the need of amicable resolution of disputes by observing as under:-
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. 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. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to the payment of cost of Rs. 20,000/- (Rupees twenty thousand only) to be deposited with Delhi State Legal Services Authority within a month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J JULY 17, 2025