Allowed

Malkit Singh Alias Manga and Ors. v. State Govt of NCT of Delhi & Anr.

Delhi HC10 Sept 2025CRL.M.C./3862/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of an assault FIR after amicable settlement with the injured complainant, who no longer wished to press charges; the injury proved simple, not grievous. The court, citing Gian Singh, quashed the FIR and all proceedings arising from it.

What the court decided

AI extract

Malkit Singh Alias Manga and Ors. Vs State Govt of NCT of… — Quashing and FIR | Delhi HC (2025)

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$~92

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3862/2025 & CRL.M.A. 16874/2025 EXMP

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MALKIT SINGH ALIAS MANGA AND ORS.

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.....Petitioners

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Through: Mr. Mahtab Ali, Adv.

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versus

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STATE GOVT OF NCT OF DELHI & ANR.

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.....Respondents Through: Mr. Digam Singh Dagar, APP for the State SI Sonu Kumar, P.S. Ambedkar Nagar.

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CORAM:

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HON'BLE MR. JUSTICE ARUN MONGA

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O R D E R

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% 10.09.2025

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CRL.M.A. 16874/2025 (Exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 3862/2025

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The petitioners herein seek compromise quashing of the FIR No. 220/2023 under Sections 308/34 of the Indian Penal Code registered at P.S. Ambedkar Nagar, Delhi on the basis of settlement arrived at between the parties.

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As per the case of the complainant Yash Chand, on 22.05.2023, when he was going from his friend’s house to his house talking with his friend over phone, the petitioners picked a fight with him. During scuffle with petitioners, he sustained injuries. The matter is at the stage of evidence before the learned Trial Court. Initially the charge sheet was filed against the petitioners no. 1 & 2, however, petitioners no. 3 & 4 were summoned under

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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 26/09/2025 at 11:40:32

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Section 319 Cr.P.C.

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The learned counsel for the petitioners submits that the dispute has been settled between the parties due to the intervention of respected member of society as the parties are living in the same locality. 4. Learned counsel for the parties, therefore, jointly submit that in view of the amicable settlement between the parties, the present FIR may be quashed.

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Learned APP for the State does not dispute the factum of the compromise arrived between the parties and conveys his no objection to the quashing of the FIR.

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In the aforesaid backdrop, I have heard the rival contentions and also interacted with the complainant who is present in Court with his counsel. 7. Though respondent no.2/complainant remained hospitalized as he suffered serious injuries and was fortunate to have survived without those turning fatal, but having seen the contents of the FIR, it appears that it was a class fight between friends.

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Since the complainant does not now wish to press charges against the petitioners and there is no incriminating material against them, the chances of conviction are almost negligible.

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Qua invoking Section 308 of the IPC and considering the alleged grievous injury suffered by the victim, on a Court query, both the learned counsel for the petitioners and the learned counsel for the complainant submitted that, although allegations of grievous injury were made by the victim at the time of registration of the FIR, but the same were in heat of the moment. Subsequently, after receiving treatment, it turned out that the injury was simple in nature, and the complainant does not wish to press any

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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 26/09/2025 at 11:40:32

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charges against the accused.

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Further criminal proceedings before the court and continuation of the trial would therefore be an abuse of the process of law. It will be an exercise in futility and wasteful expense of public exchequer, especially where the parties have amicably settled their dispute which does not involve any public interest or interest of the society at large. Reference in this context may also be made to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303].

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The instant petition is thus allowed. The criminal proceedings arising out of FIR NO. 220/2023 Under Sections 308/34 of the Indian Penal Code registered at P.S. Ambedkar Nagar, Delhi against the petitioners and further proceedings arising therefrom are hereby quashed.

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All pending application(s), if any, shall also stand disposed of.

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ARUN MONGA, J

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SEPTEMBER 10, 2025 acm

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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 26/09/2025 at 11:40:32

Malkit Singh Alias Manga and Ors. v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What the court decided

Malkit Singh Alias Manga and Ors. v. State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What the court decided

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