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HIGH COURT OF DELHI
Date of Decision: 11.07.2025
ARUN KUMAR SRIVASTAVA .....Petitioners
Through: Mr. Anand Aggarwal & Ms. Mamta Garg, Advs.
Through: Mr. Satinder Singh Bawa, APP for the State
Singh, PS Farsh Bazar.
R-2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 228/2017 registered on 12.06.2017 under sections 288/337 IPC at PS Farash Bazar, and all proceedings arising therefrom pursuant to a settlement between the parties.
2. As per allegations, on 12.06.2017 the injured person, Bijender, had been hit by a stone that fell from an under-construction house bearing No. 210/10, Dungar Mohalla, while he was passing by, resulting in serious injuries for which he was taken to Dr. Hedgewar Hospital. Based on the MLC and spot inquiry, an FIR was registered under Sections 288 and 337 IPC for causing hurt by negligent act.
3. During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dated 28.01.2025 amicably. The petitioner agreed to pa Rs. 40,000/- to the Respondent no. 2 as full and final settlement amount. A copy of the settlement deed dated 28.01.2025arrived in the mediation center is annexed as Annexure G.
5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Yashpal Singh, from PS Farsh Bazar.
6. Respondent No. 2submits that the matter has been amicably settled with the Petitioner without any force, fear, or coercion and confirms that he has received the full and final settlement amount. He has no objection to the terms and conditions mentioned in the Compromise/Settlement Deed dated 28.01.2025 and further submits that he has no objection if FIR no. 228/2017 registered on 12.06.2017 under sections 288/337 IPC at PS Farash Bazar along with all pending proceedings arising therefrom, is quashed against the Petitioners.
7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR no. 228/2017 registered on 12.06.2017 under sections 288/337 IPC at PS Farash Bazar along with pending proceeding is quashed.
8. 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:-
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J JULY 11, 2025