Delhi High Court
Kumar Shanu And Anr vs State Nct Of Delhi And Anr on 19 November, 2025
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.11.2025
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+ CRL.M.C. 8242/2025 & CRL.M.A. 34390/2025 EXEMPTION
KUMAR SHANU AND ANR .....Petitioner
Through: Mr. Kumar Pranav, Adv. with
all petitioners in person.
versus
STATE NCT OF DELHI AND ANR .....Respondent
Through: Mr. Nawal Kishore Jha, APP
with SI H. R. Choudhary, PS
Gandhi Nagar.
Mr. Raj Gaurav, Adv. for R-2
& R-3 with respondent nos. 2 &
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. 492/2021, dated
24.10.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi
under Sections 323/341/506/34 IPC and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. As per allegations in the FIR, the scooty driven by petitioner no.
2 collided with respondent no. 2 resulting in an altercation. Petitioner
no. 2 called his brother i.e. petitioner no. 1 and they pulled the hair of
respondent no. 2 and gave him slaps and leg blows and also threatened
to kill him. FIR no. 492/2021 was lodged at the instance of respondent
no. 2. It is submitted that charge sheet has since been filed and charges
have been framed.
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 Settlement Deed/Agreement dated 18.09.2025,
copy of which has been annexed as Annexure P-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 H. R. Choudhary, from PS Gandhi Nagar.
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. 492/2021 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. 492/2021 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. 492/2021, dated
24.10.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi
under section 323/341/506/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed subject to
petitioners depositing Rs. 10,000/- (Rupees Ten Thousand) with Delhi
High Court Advocates' Welfare Trust, bearing Account No.
15530210002995, maintained with UCO Bank within a month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
November 19, 2025
SK
