Delhi High Court
Mohd Abid And Ors vs The State Of Nct Of Delhi And Ors on 28 May, 2025
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 28.05.2025
,,,,,,,,,,
+ CRL.M.C. 3487/2025
MOHD ABID AND ORS. .....Petitioners
Through: Petitioners in person with Mr.
Anis Ahmad, Mr. Adeeb
Ahmad, Mr. Sajid Ali Thakur &
Ms. Aafreen Anis, Advs.
versus
THE STATE OF NOT OF DELHI AND ORS.
... Respondents
Through: Sh. Satinder Singh Bawa, APP
for the State with SI Akshay
Dagar, PS Shaheen Bagh
R-2 to 4 in person with Mr.
Sajid A. Chaudhary & Mr.
Arshad Ali, Advs.
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, 2023, seeking quashing of FIR No. 0392/2022,
dated 02.11.2022, registered at P.S Shaheen Bagh under sections
308/34 IPC and all proceedings emanating therefrom on the basis of
settlement between the parties.
2. The parties are residing in the same locality and in the same
building. The Respondents are running their shop at Ground Floor and
on the First Floor and Second Floor the Petitioners are residing along
with their familics. Whereas due to the renovation of the building, a
dispute/quarrel took place between the parties. Both the parties have
sustained injuries. Thereafter, Respondents lodged FIR No.
0392/2022, dated 02.11.2022, registered at P.S Shaheen Bagh under
sections 308/34 IPC against Petitioners. A cross FIR was lodged by
the Petitioners FIR No. 0391/2022, dated 01.11.2022, registered at
P.S. Shaheen Bagh under Sections 308/323/34 IPC against the
Respondents. The charge sheet was filed in present case FIR No.
392/2022 under sections 308/323/34 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement Deed dated 13.05.2025. In
pursuance of the Settlement, the parties have agreed to cooperate in
quashing of the FIR. It is submitted that all the previous complaints
and litigations initiated by the parties have been withdrawn. The copy
of Settlement Deed dated 13.05.2025 has been placed on record as
Annexure P-3.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"21.05.2025
IO is carrying previous involvement reports of the petitioners as
well as MLC's of the victims. Perused. As per MLC's victim
sustained simple injuries and none of the petitioner have any
previous involvement. IO is directed to file previous involvement
reports as well as MLC's on record by the next date of hearing
before the matter is listed before Hon'ble Court.
Statement of parties to ascertaining genuineness and willingness to
enter into settlement was already recorded on 20.05.2025.
Let this pre-verified statement along with this order be placed
before the Hon'ble Court on 28th May, 2025.
5. Petitioners No. 1 to 4 and respondents No. 2 to 4 are physically
present before the Court with respective counsels. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Akshay Dagar, PS Shaheen Bagh.
6. Respondents confirm that the matter has been settled with the
petitioners without any force, fear, coercion and they have no
objection if the FIR No. 0392/2022 alongwith charge sheet 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. 0392/2022 alongwith charge sheet 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. 0392/2022, dated 02.11.2022,
registered at P.S Shaheen Bagh under sections 308/34 IPC and all the
other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
0392/2022, dated 02.11.2022, registered at P.S Shaheen Bagh under
sections 308/34 IPC along with the charge sheet and all the other
consequential proceeding emanating therefrom is hereby quashed,
subject to petitioners depositing Rs. 2500/- each as cost with Delhi
High Court Advocate's Welfare fund account in "DHCBA Cost A/C
No. 15530110179338" maintained with UCO Bank, Delhi High Court,
New Delhi, within 15 days from today.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
MAY 28, 2025/AK
