Delhi High Court
Kaddu @ Shiva & Ors vs The State Of Nct Of Delhi & Anr on 28 July, 2025
$~104
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.07.2025
,,,,,,,,,,
+ CRL.M.C. 7208/2024
KADDU @ SHIVA & ORS. .....Petitioners
Through: Mr. Rohit Kumar Mahiya, Mr.
Devendra Kumar, Advocates.
Petitioners in person.
versus
THE STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Tarang Srivastav, APP with
SI Shubhanshu, PS-Kalyanpuri.
Respondent No. 2 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. 42/2018, dated
31.01.2018, registered at P.S Kalyanpuri, Delhi under Sections
308/323/354B/506/509/34 IPC and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. As per allegations, on 30.01.2018, during a quarrel between
petitioners and the respondents, three persons suffered grievous
injuries while the fourth person also suffered injuries on his person.
During the said quarrel petitioner No. 2 torn the clothes of respondent
No. 2. FIR No. 42/2018 was registered and after completion of
investigation, charge sheet was filed under Sections
308/323/354B/506/509/34 IPC against the petitioners.
3. It has been submitted that petitioners and respondents are
relatives of each other and are also neighbourers and during the course
of proceedings, they have amicably resolved their disputes and
executed a MOU/Compromise Deed dated 20.04.2024 at Mediation
Centre, Saket Courts, New Delhi. The copy of MOU/Compromise
Deed dated 20.04.2024 has been placed on record as Annexure
P4(Colly).
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Shubhanshu, from PS Kalyanpuri.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 42/2018 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. 42/2018 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. 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. 42/2018, dated 31.01.2018,
registered at P.S Kalyanpuri, Delhi under section
308/323/354B/506/509/34 IPC and all the other consequential
proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
42/2018, dated 31.01.2018, registered at P.S Kalyanpuri, Delhi under
section 308/323/354B/506/509/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed subject to
petitioners depositing Rs. 5,000/- each as cost with Delhi High Court
Advocates Welfare Fund (Account No. 15530110179338), maintained
by UCO Bank, Delhi High Court, within a period of one month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 28, 2025
SK
