Allowed

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

Delhi HC2 Jul 2025CRL.M.C./4189/2025

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under Section 528 BNSS 2023 regarding IPC offences 308/34. A settlement was executed, and the complainant agreed to cooperate. The court quashed the FIR and proceedings.

What did the court decide?

The petition to quash FIR No. 0758/2022 and all consequential proceedings was allowed.

What the court decided

Deepanshu & Ors. Vs the State of NCT of Delhi & Anr. — Criminal Trial and Appeal | Delhi HC (2025)

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$~18

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 02.07.2025

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- CRL.M.C. 4189/2025

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DEEPANSHU & ORS.

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.....Petitioners Through: Ms. Neha Pandey, Ms. Dipsa Mohenty and Mr. B. D. Pandey, Advs. along with petitioners.

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versus

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THE STATE OF NCT OF DELHI & ANR.

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.....Respondents Through: Mr. Raghuinder Verma, APP for State with SI Manoj Kumar, PS M. Park and SI Dhyanender, PS Dabri.

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Mr. Manoj Sahani and Mr. Aneesh Kumar Singh, Advs. for R-2 along with R-2.

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CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR

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SHALINDER KAUR, J (ORAL)

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CRL.M.A. 18302/2025 (Exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 4189/2025

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The present petition has been filed by the petitioner under

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Signature Not Verified

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Page 1 of 4

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Digitally Signed CRL.M.C. 4189/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 0758/2022 dated 10.08.2022 for offences punishable under Sections 308/34 of the Indian Penal Code, 1860, registered at Police Station Dabri (“subject FIR”) and all the consequential proceedings arising therefrom.

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The learned counsel for the petitioners submits that the complainant/respondent no. 2 and the petitioners are neighbours. The misunderstanding pertaining to the verbal altercation and scuffle between the parties, causing injury in the head of the respondent no. 2, led to the registration of the subject FIR and filing of litigations by the respondent no. 2. He submits that the Chargesheet has been filed before the Trial Court. 5. The learned counsel further submits that with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them. 6. The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, the Compromise/Settlement Agreement dated 23.05.2025 has been duly executed between the petitioners and the respondent no. 2. It is further submitted that, in terms of the said Settlement, the respondent no. 2 has agreed to cooperate with the petitioners to get the subject FIR quashed. Moreover, the parties have undertaken that there is no other case, emanating out

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Signature Not Verified

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Page 2 of 4

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Digitally Signed CRL.M.C. 4189/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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of the said incident, is pending before any other Judicial fora. The Compromise/Settlement Agreement dated 23.05.2025 outlining the terms of settlement has been placed on record.

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Pursuant to this Settlement, the parties have appeared before this Court and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2 has stated before this Court the matter has been amicably and voluntarily settled with the petitioners, who are his neighbours. He has further stated that the petitioners have borne the expenses of his medical treatment and that he has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed. Furthermore, the parties have agreed that they are abiding by the terms and conditions of the said Settlement/Compromise Deed.

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In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR. 9. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed. 10. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony

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Signature Not Verified

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Page 3 of 4

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Digitally Signed CRL.M.C. 4189/2025 By:RASHIM KAPOOR Signing Da te:0 3.07.2025 16:59:55

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between the parties.

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In conspectus of the above facts and the Settlement Agreement dated 23.05.2025, the subject FIR bearing No. 0758/2022 dated 10.08.2022 for offences punishable under Sections 308/34 of the Indian Penal Code, 1860, registered at Police Station Dabri (“subject FIR”) and all the consequential proceedings arising therefrom, are hereby quashed.

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