Delhi High Court
Fardeen Ali & Ors vs State Of Nct Of Delhi & Ors on 22 August, 2025
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.08.2025
,,,,,,,,,,
+ CRL.M.C.1698/2025
FARDEEN ALI & ORS. .....Petitioners
Through: Mr. Abdul Gaffar, Advocate
with petitioners in person.
versus
STATE OF NCT OF DELHI & ORS. ... Respondents
Through: Mr. Hitesh Vali, APP with SI
Animesh Anand, PS-Jagatpuri.
Mr. Nakul Sharma, Advocate
for R-2 and R-3.
R-2 and R-3 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 647/2024, dated
18.12.2024, registered at P.S Jagatpuri, Delhi under Sections
110/115(2)/126(2)/3(5) BNS (Section 308/323/341/34 IPC) and all
proceedings emanating therefrom on the basis of settlement between
the parties.
2. As per averments made in the FIR, on 17.12.2024 Respondent
No. 2 and respondent no. 3 were attacked by petitioners and
accomplices with sticks, dandas, and a hammer over a property
dispute. Respondent no. 3 sustained a head injury, while respondent
no. 2 suffered a bruise. FIR was lodged at instance of respondent no. 2
under sections 110/115(2)/126(2)/3(5) BNS against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Memorandum of Understanding/ Compromise
Deed dated 22.02.2025. Copy of the Memorandum of Understanding/
Compromise Deed dated 22.02.2025 has been annexed as Annexure
A/4.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Animesh Anand, from PS Jagatpuri.
5. Respondents 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. 647/2024 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. 647/2024 is quashed.
7. 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."
8. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion. Hence, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 647/2024, dated
18.12.2024, registered at P.S Jagatpuri, Delhi under section
110/115(2)/126(2)/3(5) BNS and all the other consequential
proceeding emanating therefrom is hereby quashed, subject to
petitioners depositing cost of Rs. 25,000/- each with Delhi High Court
Advocates Welfare Fund (DHCBA A/c no. 15530110179338),
maintained by the UCO Bank, Delhi High Court Branch within one
month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
August 22, 2025
SK
