Allowed

Monu & Ors. v. the State NCT of Delhi & Anr.

Delhi HC7 May 2025CRL.M.C./2880/2025

Case brief

AI extract

What is this about?

The Court quashed an FIR and all consequent proceedings under sections 324/34 IPC following a verified settlement and amicable resolution between the parties via an MoU, holding that continuing the trial would be an abuse of process.

What did the court decide?

FIR No. 0324/2010 and all consequential proceedings under sections 324/34 IPC were quashed. Cost of Rs. 5000/- imposed on each petitioner.

Monu & Ors. Vs the State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2025)

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$~100

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 07.05.2025

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CRL.M.C. 2880/2025 & CRL.M.A. 12893/2025 (exemption) MONU & ORS. .....Petitioners Through: Ms. Ria Goyal, Adv. with petitioner nos.1-4 in person.

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versus THE STATE NCT OF DELHI & ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Gajal Chugh, PSKrishna Nagar. Mr. Kamal Singh Adv. for R-2 with R-2 through VC.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT (ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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It is submitted that the Respondent No.2 was on his way to buy groceries when he was stopped and assaulted by the petitioners. The Respondent No.2 sustained injuries to his head and back. Thereafter,

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CRL.M.C. 2880/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 8.05.2025 12:56:56

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the Respondent No.2 lodged against the petitioners. The charge sheet against the petitioners has been filed under sections 324/325/34 IPC. 3. During the proceedings, the parties have amicably resolved their disputes and have executed a Memorandum of Understanding (MoU) dated 13.01.2025. In pursuance of the MoU, it is submitted that the parties shall cooperate in quashing of the aforesaid FIR. The copy of the Memorandum of Understanding (MoU) dated 13.01.2025 has been placed on record as Annexure P-3.

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The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:-

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“29.04.2025

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Today, statement of respondent no. 2 & IO has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement.

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Respondent no. 2 & IO has been identified by his counsel & IO.

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Let the pre-verified statement along with this order be placed before the Hon'ble Court on 07^th May, 2025 .

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Petitioner nos.1-4 are physically present before the Court while R-2 entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer Gajal Chugh from PS Krishnan Nagar.

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CRL.M.C. 2880/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 8.05.2025 12:56:56

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Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 0324/2010 is quashed against the petitioner.

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In view of the settlement between the parties, learned Additional PP appearing for the State, submits that the present FIR No. 0324/2010 be quashed with appropriate costs.

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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:-

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"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."

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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. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom.

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CRL.M.C. 2880/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 8.05.2025 12:56:56

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In the interest of justice, the petition is allowed, and FIR No. 0324/2010, dated 13.12.2010 registered at P.S Krishnan Nagar under sections 324/34 IPC along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

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Petition is allowed and disposed of subject to the cost of Rs. 5000/- imposed on each petitioner to be deposited with the Delhi High Court Legal Services Committee within 2 weeks.

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12. Pending application(s), if any, also stand disposed of.

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RAVINDER DUDEJA, J

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MAY 07, 2025/AK

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CRL.M.C. 2880/2025 Page 4 of 4

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Signature Not Verified

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Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 8.05.2025 12:56:56

Monu & Ors. v. the State NCT of Delhi & Anr.

Case brief

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Monu & Ors. v. the State NCT of Delhi & Anr.

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