Delhi High Court
Mohd Yasir vs State Gnct Delhi & Anr on 17 July, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.07.2025
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+ CRL.M.C. 700/2025
MOHD. YASIR .....Petitioners
Through: Mr. Homd. Yasin, Mr.
Dawneesh C. And Mr. Sami
Ahmed, Advs. along with
petitioner in person.
versus
STATE GNCT DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Akshay Dagar
with IO ASI Suresh Chand, PS-
Shaheen Bagh.
Mr. Ketan P., Adv. for R2 along
with R2 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. 325/2022, dated
04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308
IPC and all proceedings emanating therefrom on the basis of
settlement between the parties.
2. As per allegations in the FIR, petitioner caused head injury to
respondent no. 2 with an iron pipe. Charge-sheet has been filed before
the Trial Court and charge under Section 308 IPC has since been
framed against the petitioner.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Memorandum of Understanding dated
27.01.2025. The copy Memorandum of Understanding dated
27.01.2025 has been placed on record as Annexure P-3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Suresh Chand from PS Shaheen Bagh.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and he has
no objection if the FIR No. 325/2022 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. 325/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Courthas 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. 325/2022, dated 04.09.2022,
registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all
the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi
under sections 308 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed, subject to the payment of cost
of Rs. 20,000/- (Rupees twenty thousand only) to be deposited with
Delhi State Legal Services Authority within a month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 17, 2025
SK
