Full Text
HIGH COURT OF DELHI
Date of Decision: 28.05.2025 ,,,,,,,,,, CRL.M.C. 2544/2025
SHARAFAT ALI ANSARI & ANR. .....Petitioners
Through: Both petitioners in person
… Respondents
Through: Mr. Hitesh Vali, APP for the State
R-2 in person
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0035/2023, dated 28.01.2023, registered at P.S Ghazipur under section 308/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. On 27.01.2023, the Respondent No.2 while returning home with his brother Junaid, got into an argument with Salman (Petitioner No.2), the owner of a house under repair, over the parking of their motorcycle in a narrow street. The argument escalated when Petitioner No.1 who is the elder brother of Petitioner No.2 struck the Respondent No.2 on the head with a wooden stick, causing injuries. Respondent No.2 was taken to LBS Hospital where his MLC was conducted. Thereafter, Respondent No. 2 lodged the aforesaid FIR against the Petitioners.
3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise Deed dated 11.03.2025. In pursuance of the Settlement, the Petitioner has paid Rs. 50,000/- (Rupees fifty thousand) to the Respondent No.2 as full and final settlement as per the schedule mentioned in the Compromise Deed dated 11.03.2025. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn. The copy of Compromise Deed dated 11.03.2025 has been placed on record as Annexure P-2.
4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “22.05.2025 Today, statement of respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 has been identified by IO. Today statement of deputed IO, with respect to previous involvements of petitioners/accused recorded. As per the statement none of the petitioners has any previous involvement. This statement also recorded with respect to the nature of injuries suffered by victims; & as per his statement the victims suffered 'grievous injuries'. As per the MEG of the victim suffered 'lacerated wound on frontal region bearing size of 6 x 1 Cm' and was referred to surgeon. Considering the nature and gravity of the offence and also considering the stage of the proceedings, the matter is "RED FLAGGED". Let this pre-verified statement along with this order be placed before the Hon'ble Court on 28th May, 2025.
5. Parties are physically present before the Court with counsel for petitioners. They have been identified by their respective counsels as well as by the Investigating Officer ASI Ram Dass, PS Ghazipur.
6. Respondent No.2 confirms that the matter has been settled with the Petitioner without any force, fear, coercion and he has received the payment of Rs. 50,000/- (Rupees fifty thousand) from the Petitioners as per the schedule mentioned in the Compromise Deed dated 11.03.2025. It is further submitted that he has no objection if the FIR No. 0035/2023 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. 0035/2023 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:-
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. 0035/2023, dated 28.01.2023, registered at P.S Ghazipur under section 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. 0035/2023, dated 28.01.2023, registered at P.S Ghazipur under section 308/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to the petitioners depositing Rs. 5000/- as cost in the Delhi High Court Advocate Welfare Fund in “DHCBA Cost A/C No. 15530110179338” maintained with UCO Bank, Delhi High Court, New Delhi, within 15 days from today.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J MAY 28, 2025