Abhishek Jain Vs the State (Govt. of NCT of Delhi.) & Ors.

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$~45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4044/2025

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ABHISHEK JAIN .....Petitioner

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Through: Mr. Amit Rana and Mr. Jatin Dhull, Advs. along with petitioner in person

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versus

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THE STATE (GOVT. OF NCT OF DELHI.) & ORS.

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.....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Ms. Divya Bakshi, Adv. with SI Satish Kumar, PS Prashant Vihar Mr. Mohit Kunar Tomar and Mr. Pankaj Baliyan, Advs. for R-2 and R-3 along with respondents no. 2 and 3 in person

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CORAM:

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HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 12.11.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioner praying for quashing of FIR no. 104/18 registered at Police Station Prashant Vihar, Delhi for the offences punishable under Sections 279/338 of the Indian Penal Code, 1860 (hereinafter “IPC”).

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2. The brief facts of the case are that on 26.02.2018, respondent no. 2 and 3 were hit from behind by a car No. DL1CX2397 near Japanese Park

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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 17/11/2025 at 13:31:04

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Gate No. 3, Sector 10, Rohini, causing injuries to both. The driver fled the spot, and the injured were taken to ESI Hospital.

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3. Learned counsel appearing on behalf of the petitioner submitted that the chargesheet has already been filed against the petitioner. It is submitted that the petitioner and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

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4. Settlement Agreement dated 28.03.2025 is on record and has been annexed as Annexure P-3. Qua this agreement, the respondents no. 2 and 3 have agreed to withdraw the case arising out of FIR no. 104/18 registered at Police Station Prashant Vihar, Delhi against the petitioner.

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5. 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. 6. 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

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

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8. The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Prashant Vihar, Delhi. Respondents no. 2 and 3 are also present in the Court and have been identified by their counsel and the Investigating Officer.

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9. On a query made by this Court, respondents no. 2 and 3 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled between the parties and they have been duly compensated in accordance with the terms of settlement.

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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 17/11/2025 at 13:31:04

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10. Keeping in view the fact that the matter stands amicably been settled between the petitioner and respondents no. 2 and 3 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 11. 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 no. 104/18 registered at Police Station Prashant Vihar, Delhi for the offences punishable under Sections 279/338 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner.

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12. The petition along with pending application(s), if any, stands disposed of.

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AJAY DIGPAUL, J

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NOVEMBER 12, 2025 gs/dd

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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 17/11/2025 at 13:31:04

Abhishek Jain v. the State (Govt. of NCT of Delhi.) & Ors.

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Abhishek Jain v. the State (Govt. of NCT of Delhi.) & Ors.

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