Allowed

Sumit Mishra & Ors. v. State/Govt. of NCT of Delhi & Ors.

Delhi HC12 Mar 2025CRL.M.C./230/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under IPC and BNSS provisions following a settlement agreement. The Delhi High Court, relying on Supreme Court precedents regarding compoundable offences and settlement, allowed the petition and quashed the FIR and all related proceedings.

What did the court decide?

FIR No.565/2024 and all proceedings emanating therefrom are quashed. The petition and pending application stand disposed of.

Sumit Mishra & Ors. Vs State/Govt. of NCT of Delhi & Ors. — Quashing and FIR | Delhi HC (2025)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 230/2025, CRL.M.A. 1209/2025-Delay 16 days in refiling

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SUMIT MISHRA & ORS. .....Petitioners

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Through: Mr. Susham Kumar, Adv alongwith petitioners

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versus

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STATE/GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Raghuinder Verma, APP with ASI Om Prakash, PS Mangol Puri alongwith respondents

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CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 12.03.2025

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The petitioners vide the present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) [earlier Section 482 Code of Criminal Procedure, 1973], seeks quashing of FIR No.565/2024 dated 08.06.2024 registered under Sections 323/341/506/34 of the Indian Penal Code, 1860 at P.S. Mangol Puri, Delhi and all proceedings emanating therefrom in view of the Settlement Agreement dated 20.09.2024 entered between the petitioner nos. 1 to 5 and the respondent nos.2 to 4.

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The present petition is accompanied by the said Settlement Agreement dated 20.09.2024 [Annexure-C] and is also supported by the

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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 01/07/2025 at 09:35:53

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identity cards of the parties.

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Issue notice.

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Learned APP for the State and learned counsel for the respondent nos.2 to 4 accept notice.

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The petitioners and the respondent nos. 2 to 4 are present in Court and have been identified by the Investigating Officer. Their credentials, which are on record, have also been verified by this Court.

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Respondent nos.2 to 4 affirm the Settlement Agreement dated 20.09.2024 and state that all disputes inter se the parties stand amicably settled in view of the Settlement Agreement dated 20.09.2024. 7. Mr. Raghuinder Verma, learned APP for the State submits that he has no objections to the quashing of the aforesaid FIR. 8. In view of the settlement arrived at between the parties and following the law as laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

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Accordingly, the present petition is allowed and FIR No.565/2024 dated 08.06.2024 registered under Sections 323/341/506/34 of the Indian Penal Code, 1860 at P.S. Mangol Puri, Delhi and all proceedings emanating therefrom are quashed.

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It is worthwhile to mention that irrespective of the settlement interse the parties, as a token of gesture all the parties involved herein wilfully agree to celebrate the festival of Holi with the Police personnel stationed at PS: Mangol Puri by distributing few eatables/ snacks from their side

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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 01/07/2025 at 09:35:53

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within a period of two weeks, for which they shall contact the concerned I.O for fixing an appropriate date and time.

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