Allowed¶26

Mahavir & Anr. v. State (Nct of Delhi) & Anr.

Delhi HC2 Sept 2025CRL.M.C./2235/2025

Case brief

AI extract

What is this about?

CRL.M.C. 2235/2025, High Court of Delhi, Justice Ajay Digpaul, order dated 02.09.2025. Quashing of FIR on the basis of amicable settlement/compromise between parties under Section 528 BNSS; FIR No. 255/2013, P.S. Dabri (registered 12.05.2013) under Sections 307/34 IPC quashed; chargesheet filed and charges framed; Memorandum of Understanding dated 07.03.2025 (Annexure P-3); respondent no. 2/complainant confirmed voluntary compromise without pressure in Court; reliance on Gian Singh vs. State of Punjab (2012) 10 SCC 303; petition and pending applications disposed of.

What did the court decide?

Quashing of FIR No. 255/2013 registered at Police Station Dabri on 12.05.2013 under Sections 307/34 IPC and all consequent proceedings emanating therefrom; the petition alongwith pending application(s), if any, stands disposed of. ¶26

Mahavir & Anr. Vs State (Nct of Delhi) & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 255/2013 registered at Police Station Dabri on 12.05.2013 for offences under Sections 307/34 IPC, and the consequent proceedings, may be quashed on the basis of the amicable settlement/compromise arrived at between the petitioners and respondent no. 2.

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Court's answer

Since the dispute stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending.

¶25

Ratio / Principle

In light of the Supreme Court judgment in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No. 255/2013 registered at Police Station Dabri on 12.05.2013 for offences punishable under Sections 307/34 IPC, and consequent proceedings emanating therefrom, stand quashed.

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Detailed headnote1 paragraphs

Delhi High Court (Ajay Digpaul, J.) allowed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 255/2013 registered at Police Station Dabri on 12.05.2013 for offences punishable under Sections 307/34 of the Indian Penal Code, 1860. Petitioners Mahavir & Anr. and respondent no. 2 had entered into a Memorandum of Understanding dated 07.03.2025 (Annexure P-3), whereby respondent no. 2 agreed to withdraw the case; counsel submitted that the chargesheet stood filed and charges framed. Respondent no. 2, present in Court and identified, categorically stated that he had entered into the compromise on his own free will and without any pressure. Holding that no fruitful purpose would be served by keeping the matter pending, and in light of Gian Singh vs. State of Punjab (2012) 10 SCC 303, the Court quashed the FIR and consequent proceedings emanating therefrom, and disposed of the petition alongwith pending application(s).

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2235/2025 & CRL.M.A. 10020/2025

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MAHAVIR & ANR. .....Petitioners

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Through: Ms. Madhuri Aggarwal, Adv. with the petitioners in person.

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versus

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STATE (NCT OF DELHI) & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with SI Bhagwan Yadav

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Ms. Suman Kathuria, Adv. for Respondent no.2 with the respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R

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% 02.09.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) has been filed by the petitioners praying for quashing of FIR no. 255/2013 registered at Police Station Dabri on 12.05.2013, for offences punishable under Sections 307/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

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2. The brief facts of the case are that on 12.05.2013, respondent no. 2 was allegedly assaulted by the petitioners. It is stated that petitioner no. 2 first slapped respondent no. 2, and thereafter, the petitioners collectively assaulted him, causing serious injuries. The injury was simple in nature as per the MLC.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:29:23

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3. Learned counsel appearing on behalf of the petitioners submitted that charges have been framed and the chargesheet has already been filed against the petitioners.

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4. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

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5. Memorandum of Understanding dated 07.03.2025 is on record and has been annexed as Annexure P-3. Qua this settlement, the respondent no. 2 has agreed to withdraw the case arising out of FIR no. 255/2013 registered at Police Station Dabri against the petitioners.

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6. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise.

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7. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

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8. Heard learned counsel for the parties and perused the record.

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9. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Dabri. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

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10. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:29:23

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11. Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending.

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12. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303 , FIR 255/2013 registered at Police Station Dabri on 12.05.2013, for offences punishable under Sections 307/34 of the IPC, and consequent proceedings emanating therefrom, are quashed.

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13. The petition alongwith pending application(s), if any, stands disposed of.

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AJAY DIGPAUL, J

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SEPTEMBER 2, 2025 sk/yr

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2025 at 12:29:23

Mahavir & Anr. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Mahavir & Anr. v. State (Nct of Delhi) & Anr.

Case brief

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What the court decided

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