Delhi High Court
Dheeraj Chaudhary & Anr vs The State (Govt. Of Nct Delhi) & Anr on 8 August, 2025
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.08.2025
,,,,,,,,,,
+ W.P.(CRL) 2455/2025
DHEERAJ CHAUDHARY & ANR .....Petitioners
Through: Ms. Sunita & Mr. Jitender
Sharma, Advs.
Petitioners in person.
versus
THE STATE (GOVT. OF NCT DELHI) & ANR.
... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with SI Parveen
Kumar, PS Moti Nagar.
Respondent no. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 162/2025, dated 06.03.2025, registered at
P.S. Moti Nagar, Delhi under Sections 118(1)/3(5) BNS (324/34 IPC)
and all proceedings emanating therefrom on the basis of settlement
between the parties.
2. As per averments made in the FIR, on 05.03.2025 following a
dispute over an outstanding payment respondent No. 2, his son and his
son's friends were assaulted by petitioners at Petitioner No.1's shop in
Moti Nagar with a sharp edged weapon resulting in stab injuries to
Respondent No. 2, his son and his son's friend. FIR No. 162/2025 was
registered at instance of Respondent No. 2 at PS Moti Nagar, Delhi
under sections 118(1)/3(5) BNS against the petitioners. Chargesheet
has since been filed under Sections 118(1)/118(2)/3(5) BNS.
3. Cross FIR No. 161/2025, dated 06.03.2025 arising out of the
same incident has also been registered at instance of Petitioner No. 1
at PS Moti Nagar under Sections 115(2)/126(2)/3(5) of BNS against
Respondent No. 2.
4. It has been submitted that during the course of proceedings, the
parties amicably resolved their disputes and executed a Memorandum
of Understanding dated 05.07.2025. In terms of the aforesaid
settlement, both parties have agreed for the quashing of case FIR No.
162/2025 and a cross FIR No. 161/2025. Copy of the Memorandum of
Understanding dated 05.07.2025 has been annexed as Annexure P-2.
5. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Praveen Kumar, from PS Moti Nagar.
6. Respondent No. 2 as does the other two injured namely Kapish
and Bharat confirm that the matter has been amicably settled with the
petitioners without any force, fear, coercion and they have no
objection if the FIR No. 162/2025 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. 162/2025 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:-
"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."
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. 162/2025, dated 06.03.2025,
registered at P.S Moti Nagar, Delhi under section 118(1)/3(5) BNS
and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
162/2025, dated 06.03.2025, registered at P.S Moti Nagar, Delhi under
section 118(1)/3(5) BNS and all the other consequential proceeding
emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
August 08, 2025
SK
