Full Text
HIGH COURT OF DELHI
Date of Decision: 15.05.2025
HARPREET SINGH & ORS. .....Petitioners
Through: Mr. Nishant Kishore, Adv.
Through: Mr. Digam Singh Dagar, APP for State.
SI Paras Dhyani PS Hazrat Nizamuddin.
Mr. Anurag Atulya, Adv. for R- 2
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
3. The present petition has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 322/2023 dated 31.10.2023 for offences under Sections 323/341/34 of the Indian Penal Code, 1860, registered at Police Station Hazarat Nizamuddin (“subject FIR”) and all the consequential proceedings arising therefrom.
4. The learned counsel for the petitioner submits that the complainant/respondent no. 2 was a tenant of the petitioner no. 1 and was residing in his premises. The misunderstanding pertaining to the payment of the rent, verbal altercation and scuffle between the parties, causing injury to the right eye of the respondent no. 2, led to the registration of the subject FIR. He submits that the Chargesheet has been filed before the Trial Court.
5. It is submitted that with the intervention of the well-wishers, family members, relatives and mutual acquaintances, the entire dispute has now been voluntarily settled between the parties vide Compromise/Settlement Agreement dated 31.01.2025.
6. The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, the Compromise/Settlement Agreement dated 31.01.2025 has been duly executed between the petitioners and the respondent no. 2. It is further submitted that, in terms of the said Settlement, the respondent no. 2 has agreed to cooperate with the petitioners to get the subject FIR quashed. Moreover, the parties have undertaken that there is not other case, emanating out of the said incident, is pending before any other Judicial fora. The Compromise/Settlement Agreement dated 31.01.2025 outlining the terms of settlement has been placed on record.
7. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 07.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that he has no objection if the subject FIR and all the proceedings emanating therefrom is quashed.
8. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
9. The respondent no. 2, who is present in court, upon being queried, confirms that that he entered into the said Compromise/Settlement Deed out of his free will, without any coercion, force or undue influence and that he has withdrawn the litigations filed by him before different Judicial for and no other litigation remains pending between the parties. Furthermore, he has no objection if the subject FIR is quashed.
10. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR.
11. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.
12. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.
13. In conspectus of the above facts and the Settlement Agreement dated 31.01.2025, the subject FIR No. 322/2023 dated 31.10.2023 for offences under Sections 323/341/34 of the Indian Penal Code, 1860, registered at Police Station Hazarat Nizamuddin and all consequential proceedings emanating therefrom, are hereby quashed.
14. The present petition is, accordingly, disposed of, in the aforesaid terms.